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2014 DIGILAW 1028 (ALL)

Ram Adhar v. State of U. P.

2014-03-31

AKHTAR HUSAIN KHAN, DEVENDRA PRATAP SINGH

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JUDGMENT Heard learned counsel for the petitioners, Sri Dheeraj Kumar Dwivedi, learned counsel for the complainant and the learned A.G.A. for the State. 2. The relief sought in this petition is for quashing of the FIR registered at Case Crime No. 41 of 2014 under Sections 420, 467, 468, 471 I.P.C. Police Station Juhi District ?anpur Nagar and for staying arrest of the petitioners. 3. 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. 4. 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. 5. The writ petition is, accordingly, dismissed.