Vikas Yadav vs State Of U.P. And 3 Others
2018 Latest Caselaw 1142 ALL

Citation : 2018 Latest Caselaw 1142 ALL
Judgement Date : 30 May, 2018

Allahabad High Court

Vikas Yadav vs State Of U.P. And 3 Others on 30 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14240 of 2018
 
Petitioner :- Vikas Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Alok Kumar Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.K.Singh, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

The relief sought in this petition is for quashing of the F.I.R. dated 4.5.2018, registered as FIR No.302 of 2018, under Sections 353 I.P.C. and under Section 18(C) & 27(b) (ii) of Drugs and Cosmetics Act, Police Station Bisrakh, District Gautam Buddh Nagar.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the shop in question was on rent and the petitioner did not have knowledge about the papers. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner was running the shop in question without having licence and the FIR 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 petitioner.

The writ petition is, accordingly, dismissed.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 30.5.2018/NS