Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37634 of 2018 Petitioner :- Saroj Shukla Alias Saroj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Ravi Sahu, learned counsel for the petitioner and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 25.11.2018 in Case Crime No.292/2018, under Sections 419/420/467/468/469/471/120-B IPC, P.S. Bindki, Fatehpur.
The case alleged in the FIR is that the petitioner being the representative of a company, duped the investors including the informant to the tune of Rs.4.6 lacs, with the execution of a bond that in the event of default, co- accused Sohan Lal shall pay the amount within 6 months.
It is submitted on behalf of the petitioner that he has no concern with the company, rather he himself along with his family members invested huge amount, FIR is malafidely motivated, liable to be quashed.
Per contra, the learned A.G.A submitted on the contentions raised FIR cannot be quashed, investigation is pending, cognizable offences are made out.
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 :- 21.12.2018 Chandra