Ishwar Dayal vs State Of U.P. & Others
2011 Latest Caselaw 4282 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15944 of 2011
 

 
Petitioner :- Ishwar Dayal
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- R.K. Rathore
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Shyam Shankar Tiwari,J.

Heard learned counsel for the petitioner and the learned A.G.A. appearing for the State.

The relief sought in this petition is for quashing of the F.I.R. registered at case crime no.  69 of 2011, under Section  135 Electricity Act,  P.S. Vaidpura, district Etawah.

The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) after considering the various decisions of the Apex Court including State of Haryana v. Bhajan Lal and others (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 FIR or staying the arrest of the petitioner.

The writ petition is accordingly dismissed. However, it is provided that if the petitioner appears before the court concerned within three  weeks from today and applies for bail in the aforesaid case, his prayer for bail shall be heard and disposed of expeditiously in accordance with law.

Order Date :- 1.9.2011

Gss