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2013 DIGILAW 1715 (ALL)

Sadhna Gupta v. State of U. P. and Others

2013-06-28

KARUNA NAND BAJPAYEE, RAKESH TIWARI

body2013
Rakesh Tiwari, Karuna Nand Bajpayee,J.;— The relief sought in this petition is for quashing of the F.I.R. and staying the arrest registered as Case Crime No. 61 of 2013 under Sections 420,467, 468 and 471 IPC, P.S.Gursahai Ganj District Kannoj. 2. Heard learned counsel for the petitioner and the learned A.G.A. appearing for the State and perused the record. 3. The Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. & others [2006 (56) ACC 433] reiterated the view taken by the earlier Full Bench in Satya Pal vs. State of U.P. & others [2000 Cr.L.J. 569] after considering the various decisions of the Apex Court including the case of State of Haryana vs. 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 FIR or there is any statutory restriction operating on the power of the Police to investigate a case. Some other circumstances have also been illustrated in this regard. 4. As the petitioner could not make out any case which could fall under any of the categories recognized and discussed in the above mentioned cases which may justify the quashing of FIR or staying the arrest of accused, we do not feel inclined to quash the FIR or interference in the investigation. 5. However, in the peculiar circumstances of the case, if the petitioner surrenders within three weeks from today and apply for bail, the bail application shall be disposed of in accordance with law expeditiously. 6. The petition is disposed of with the above observations. _____________