Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1997 of 2019 Petitioner :- Salman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Belal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 12.1.2019 registered as Case Crime No. 65 of 2019, under sections 380,457 IPC P.S. Gulawathi District Bulandashahar.
It is submitted that its a case of false implication on account of local village factional politics coupled with the fact that the F.I.R is lodged after 3 days.
Learned A.G.A, rightly submits that no good ground is made out to quash the F.I.R, remedy was elsewhere.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 29.1.2019 RS