Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26666 of 2018 Petitioner :- Virendra Yadav Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Manoj Kumar Rai,Alok Kumar Rai
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Alok Kumar Rai, learned counsel for the petitioner, Sri N.K.Tiwari, 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 13.9.2018, registered as case crime No.120 of 2018,under Sections 353, 409, 419, 420, 467, 468, 471 I.P.C., P.S. Reoti,District Ballia.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner happens to be brother of the Pradhan of the village who is also an accused on the present case and only on account of the said relationship, the petitioner has been falsely implicated in the present. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses 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.
Taking into account the nature of allegation levelled against the petitioner and from the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. 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 :- 25.9.2018/NS