Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15577 of 2020 Petitioner :- Shyam Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Khare Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Sanjeev Kumar Khare, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned brief-holder for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Shyam Singh seeking quashing of the First Information Report of Case Crime No.0291 of 2020, under Sections 8/20 N.D.P.S. Act, 1985, P.S. Kabrai, district Mahoba with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that in the present case, recovery of 10 kg and 500 grams green Ganja has been falsely shown from the possession of the petitioner by the raiding party. There is no compliance of mandatory provisions of N.D.P.S. Act by the raiding party. Hence the said recovery is bad in the eye of law.
Learned brief-holder for the State opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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 petitioners. Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Gaurav