Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24316 of 2018 Petitioner :- Umakant Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Certified copy of the FIR supplied by learned counsel for the petitioner is taken on record.
Heard Sri Vishal Agarwal, learned counsel for the petitioner, Sri N.K. Verma, learned AGA 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 26.8.2018, registered as case crime no.600 of 2018, u/s 3/7 E.C. Act, 1955, r/w 420 IPC and 66B, 66C, 66D IT Act, P.S. Civil Lines, district Aligarh.
Learned counsel for the petitioner submits that the main allegation is against Pramod Kumar who is the employee of the District Supply Office, Aligarh. THe petitioner is the fair-price- shop dealer and has been falsely implicated in the present case, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav