MUMTAJ KHAN @ BABU v. SENIOR SUPERINTENDENT OF POLICE, U. S. NAGAR
2018-04-17
LOK PAL SINGH
body2018
DigiLaw.ai
JUDGMENT Hon'ble Lok Pal Singh, J. This petition has been filed by the petitioner seeking the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 2 not to arrest the present petitioner. ii. Issue a writ, order or direction in the nature of Certiorari for quashing the F.I.R. dated 04.04.2018 as F.I.R. No. 52 of 2018, under Section 420 of I.P.C. at Police Station Phulbhatta, District Udham Singh Nagar." 2. Allegations in the FIR are that the petitioner along with two others by erasing the chasis number of Truck No. UA 06 F8592 and HR 56 5196 committed fraud. Furthermore, they exchanged the chasis number of the said vehicles. It is further stated in the F.I.R. that, on seeing them, the petitioner fled away from the spot. 3. Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner. He submitted that the petitioner has falsely been implicated in the instant case. 4. Learned Deputy Advocate General vehemently opposed the writ petition. He submitted that allegations made against the petitioner are serious in nature. Therefore, interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed at the threshold. 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. 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 perusal of FIR, I find that contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter, either to file chargesheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved under Article 226 of the Constitution of India.
It is not a fit case, where the High Court should interfere in this criminal writ petition moved under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed.