Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5930 of 2017 Petitioner :- Vinay Jaiswal Alias Arvind Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Yadava Counsel for Respondent :- G.A.
Hon'ble Tarun Agarwala,J. Hon'ble Rajul Bhargava,J.
Heard the learned counsel for the petitioner and the learned A.G.A. appearing for the State.
The relief sought in this petition is for quashing of the F.I.R. registered as Case Crime No.77 of 2017, under Sections 407 and 420 IPC, P.S. Gopiganj, District Bhadohi.
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 Cri. L.J. 569 after considering the various decisions of the Apex Court 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 operation 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 FIR or staying the arrest of the petitioner.
The writ petition is accordingly dismissed.
(2) However, it is provided that if the petitioner appears before the court concerned within three weeks from today and applies for bail in the aforesaid case, his prayer for bail shall be heard and disposed of expeditiously in accordance with the observations made by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and reiterated by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (4) SCC 437.
Order Date :- 19.4.2017 AKJ (Rajul Bhargava,J.) (Tarun Agarwala,J.)