Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11457 of 2019 Petitioner :- Yash Vardhan and 2 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Chakshuvendra Pachauri Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Chakshuvendra Pachauri, learned counsel for the petitioners, Sri A.N. Mulla, learned AGA 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 23.3.2019 registered as Case Crime No. 0150 of 2019, under sections 420 I.P.C. & 3/9, 13 U.P. Public Examination Act 1998, P.S. Sikandraraw, District Hathras.
It is submitted by the learned counsel for the petitioners that petitioner no. 1 and petitioner no.2 were invigilator in the ongoing examination dated 23.3.2019, petitioner no.3 is the head of the college, they have no concern either with the alleged cheating in the examination hall or with the students who were involved in cheating, petitioners have been falsely implicated on account of political pressure, they have not committed any offence as alleged in the impugned F.I.R., which is liable to be quashed.
Learned A.G.A. submitted that on the above submission, F.I.R. cannot be quashed as it 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. Order Date :- 30.4.2019 Ram Murti