Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4811 of 2019 Petitioner :- Vishal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deena Nath Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri D.N.Joshi, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.8.2018 registered as Case Crime No.1083 of 2018, under section 3/7 of Essential Commodities Act, 66 I.T Act and 420 IPC P.S. Baghpat, District Baghpat.
The FIR alleges that petitioner a paternal cousin of one Ms. Krishna Kumari, a Supply Inspector, residing with the latter and taking advantage of the said fact, petitioner alongwith other co-accused tampered with the seeded biometrics of the beneficiaries in the computer system at the house of Ms. Krishna Kumari and her statement implicates the petitioner.
It is submitted by learned counsel for the petitioner that he is neither a licensee of a fair price shop nor a consumer, F.I.R is malafidely motivated. He placed reliance on an order of this court dated 18.1.2019 passed in Criminal Misc. Writ Petition No. 115 of 2019.
Learned A.G.A opposed the submission on the ground that there are serious allegations involving tampering of Aadhar biometrics, parity of Sachin Bhardwaj cannot be extended to the petitioner as it stands distinguishable on facts cognizable offences are disclosed.
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.
The writ petition is dismissed.
Order Date :- 22.2.2019 RS