Sujeet Mishra vs State Of U.P. And 2 Others
2018 Latest Caselaw 776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13097 of 2018
 
Petitioner :- Sujeet Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sudhanshu Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Sudhanshu Pandey, learned counsel for the petitioner,Ms.Ibha Sinha, 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 21.12.2016, registered as case crime No.139 of 2016, under Sections 8/20 N.D.P.S. Act, Police Station Babhani, District Sonbhadra and the impugned order dated 22.3.2018 passed by the Additional Sessions Judge, Court No.2, Sonbhadra.

Learned counsel for the petitioner submits that the the petitioner is not named in the FIR and he has no concern with the present case,but he has been falsely implicated in the present case and the proceeding under Section 82 Cr.P.C. has been initiated by the competent authority, hence, he has come up before this Court for quashing of the FIR. He further submits that the allegation levelled against the petitioner is 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 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.

Taking into account the nature of allegation levelled against the petitioner in 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 :- 22.5.2018/NS