Hon'ble Mrs. Saroj Yadav,J.
Heard Prashant Pandey, learned counsel for the petitioner, Mr. Arun Kumar Pandey, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, Smt. Zarina @ Sabiya to quash the First Information Report registered as F.I.R. No. 0575 of 2019, under Sections 406, 419, 420, 467, 468, 471, 120-B, 354, 352, 504 & 506 I.P.C. and 3(1) (Da) (Dha) & 3(2) 5A of SC/ST Act, Police Station Wazirganj, District Lucknow with a further prayer to stay the arrest of the petitioner in respect of impugned F.I.R.
Learned counsel for the petitioner states that petitioner is a bonafide purchaser and he has not committed any fraud with anyone. He further submitted that dispute between parties is of purely civil in nature and instead of contesting the matter before the competent civil court, the impugned F.I.R. has been lodged by the respondent No.4 just to harass the petitioner with oblique motive.
Learned AGA opposed the prayer to quash 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. Apart from it, the writ petition filed by the co-accused Tej Prakash Pandey in writ petition No. 9042 (MB) of 2021, has also been dismissed by the co-ordinate Bench of this Court vide order dated 26.03.2021.
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 to quash the F.I.R. or staying the arrest of the petitioners.
Accordingly, this writ petition fails and is dismissed.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 12.8.2021 A.K. Singh