Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16226 of 2019
Petitioner :- Vishan Singh And Another
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Satyendra Narayan Singh,Bindeshwari Prasad Mishra
Counsel for Respondent :- G.A.,Dharmendra Singh
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Sri Lavesh Sharma, Advocate has filed Vakalatnama on behalf of opposite party no. 3 which is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. 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 20.5.2019 registered as case crime 78 of 2019 under sections 420, 467, 468, 471, 120-B, 409 IPC, P.S. Magorra, District Mathura.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case on account of enmity but no enmity has been shown by him during argument. It has been further argued that the present FIR has been lodged after one year with considerable delay without any justifiable explanation, hence, FIR needs to be quashed.
Sri Dharmendra Singh, learned counsel for respondent no. 3 as well as learned A.G.A. have vehemently opposed the prayer for quashing of the F.I.R. arguing that lacs and lacs of government funds have been withdrawn as pension to disable persons who were not entitled for the same and thus, the state exchequer has been caused huge loss. In the said act, the petitioners were also involved.
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.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.)
Order Date :- 11.6.2019/Meenu