Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23165 of 2018 Petitioner :- Ved Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Kumar Upadhyay,Maithali Sharan Pipersenia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devendra Kumar Upadhyay,, learned counsel for the petitioner, Sri N.K. Verma, 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 10.08.2018 registered as Case Crime No. 0170 of 2018, under Sections 7 and 10 of the U.P. Public Examination (Prevention of Unfair Means) Act, 1998, (Ved Prakash and six others), Police Station Rijor, District Etah.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.
Learned A.G.A. pointed out that the co-accused Nidhi Singh and 3 others, challenged the F.I.R. of the present case before this Court by filing Crl. Misc. Writ Petition No. 22704 of 2018, which was disposed of by order dated 21.08.2018 and granted indulgence in the case of Nidhi Singh only being a lady and the petition on behalf of rest of the co-accused have been rejected.
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 :- 24.8.2018/VKG