Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25814 of 2018
Petitioner :- Suresh Mahraj And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ruduvant Pratap Singh,Yogesh Kumar Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.P. Singh, learned counsel for the petitioners, Sri A.K.Sand, learned A.G.A. appearing for the State 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 1.9.2018 registered as Case Crime No. 362 of 2018 under sections 380, 420, 411 I.P.C., police station Ecotech-3, District Gautam Budh Nagar.
Learned counsel for the petitioners submits that earlier the petitioners were connected with the factory in question. He submits that some of the accused persons were arrested on the spot from whom some recoveries were made and so far as petitioners are concerned, nothing has been recovered from them. They have been falsely implicated in the present case only on account of the fact that they were connected with the factory in question though no offence as has been mentioned in the F.I.R. is made out against them, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the factory in question was seized by the bank and after breaking the seal of the bank, the machinery etc. were stolen and thereafter sold by the petitioners.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 17.9.2018/Shiraz