Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23175 of 2018 Petitioner :- Yogesh Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Kumar Srivastava, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned brief holder for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 05.07.2018, registered as case crime No.0562 of 2018, under Sections 420, 406, 376, 507, I.P.C., P.S.
Sardhana, District Meerut.
Learned counsel for the petitioner submits that the respondent no.3 was employed by the petitioner in his school which is up to class-5. It is stated in the FIR that Rs.5 lacs was given to the petitioner by the respondent no.2 in the year 2015 for her regular appointment as teacher but the mode of payment has not been disclosed.
The learned AGA opposed the prayer and submitted that the FIR discloses a cognizable of offence as no further prosecution was lodged by the petitioner against the allegation made by the respondent no.3 before any competent court.
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 :- 24.8.2018 VKG