Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37382 of 2018
Petitioner :- Vishnu Singh And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kamal Kaushal Upadhyay
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Durga Prasad Singh holding brief of Sri Kamal Kaushal Upadhyay, learned counsel for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 17.03.2017 registered as Case Crime No. 133 of 2017, under Sections 420, 467, 468, 471 I.P.C., PS Refinery, District-Mathura.
The F.I.R. alleges that petitioners underwent BTC training on the basis of forged documents submitted by them.
Learned counsel for the petitioners claimed parity with the order of co- accused Dharmendra Singh; which was resisted by the learned A.G.A. on the ground that in the absence of factual disclosure in the Criminal Misc. Writ Petition No. 14754 of 2018 (supra), no parity could be claimed, offences alleged are serious and are cognizable.
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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 19.12.2018 AKT