JUDGMENT Hon'ble V.K. Bist, J. This petition has been filed by the petitioners seeking the following reliefs: “i) Issue a writ, order or direction in the nature of certiorari quashing the FIR lodged by respondent no.3 on 30.3.2018 (annexure no.1) as FIR No.0074 of 2018 punishable under Section 379 & 411 of IPC and under Section 26 of The Indian Forest Act, 1927 at Police Station Gadarpur, District U.S. Nagar. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.1 & 2 not to arrest the petitioners in pursuance with FIR No lodged by respondent no.3 on 30.3.2018 (annexure no.1) as FIR No.0074 of 2018, punishable under Section 379 & 411 of IPC and under Section 26 of The Indian Forest Act, 1927 at Police Station Gadarpur, District U.S. Nagar." 2. On 29.3.2018 at about 23:50 p.m. respondent no.3 (complainant) along with other police personnel were on duty and an information was received by an informant that some people are bringing illegal Khair wood on white cantor, so on the basis of information of informant, the police personnel reached at Kulwantnagar Mata Mandir and they saw a white cantor coming but when the petitioners saw the police car, they left the cantor and ran away from the spot. It is further alleged that when the cantor was checked by the police, then about 80 quintal Khair wood was recovered from the said cantor. 3. Learned counsel for the petitioners submitted that allegations are totally false and they have falsely been implicated in the instant crime. He submits that it is highly improbable that petitioners were recognized by the police officers. He further submits that it is a case, which is covered by the judgment of Hon'ble Supreme Court reported in (2014) 8 SCC 273 , Arnesh Kumar vs. State of Bihar. 4. Learned Deputy Advocate General opposed the writ petition and submitted that in case some credible material is found against the petitioners, in that event Investigating Officer will proceed further in the matter in accordance with the provisions under Section 41-A of Cr.P.C. 5. I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. 6. The Hon'ble Apex Court, in the case of State of West Bengal. Vs.
I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. 6. The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 7. From the perusal of FIR, it cannot be said that no offence is made out. Whether the facts mentioned in the F.I.R. are correct or not, is a matter of investigation. In my opinion it is not a fit case where the Court should intervene. It is for the Investigating Officer either to file final report or charge-sheet in the matter. 8. In view of above and in view of the statement of learned Deputy Advocate General, no order is being passed. Investigating Officer will investigate the matter and will be free to take action in accordance with law. 9. The writ petition stands disposed of.