Dalbeer Singh vs State Of U.P. And 3 Others
2018 Latest Caselaw 928 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13637 of 2018
 
Petitioner :- Dalbeer Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Subodh Kumar Rai
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Rai, learned counsel for the petitioner, Sri N.K.Verma,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 15.5.2018, registered as case crime No.49 of 2018, under Sections 379 I.P.C., under Section 4 & 21 of The Mines and Mineral (Development and Regulation) Act, 1957, under Sections 3,57 & 70 of Uttar Pradesh Upkhaniz (Parihar) Niyamawali, 1963, under Sections 4 & 5 of Explosive Act, 1984 & under Section 3 of Prevention of Damages to Public Properties Act, 1984, P.S. Obra, District Sonbhadra.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of an information received by someone else with malafide intention. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

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.

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 :- 25.5.2018/NS