Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25711 of 2018 Petitioner :- Waseer Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Pandey, learned counsel for the petitioners, Sri N.K.Verma, 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 29.8.2018, registered as case crime No.395 of 2018, under Section 3/7 of Essential Commodities Act, 1955, P.S. Bisalpur, District Pilibhit.
Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that a show cause notice was given to the petitioners on 27.8.2018 but the impugned FIR has been lodged on 29.8.2018 without waiting for the reply of the petitioner. He argued that that respondent no.3 has never visited the place of occurrence and shop of the petitioners was closed on a false and frivolous allegations created by respondent no.3 under the political pressure. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, 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.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 17.9.2018NS