Allahabad High Court
Shambhoo Dayal Gupta vs State Of U.P. And 3 Others on 9 December, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 12623 of 2020 Petitioner :- Shambhoo Dayal Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker Yadav,Sheo Ram Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Kripa Shanker Yadav, learned counsel for the petitioner, Mrs. Archana Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Shambhoo Dayal Gupta, for quashing of the First Information Report dated 23.7.2020 registered as Case Crime No. 0464 of 2020, under Sections 420, 467, 468, 471 IPC, P.S. Shikohabad District Firozabad with a further prayer to stay of arrest of the petitioner during the pendency of the investigation of the said case.
It has been argued that the F.I.R. has been lodged by the respondent no. 4 who is the Revenue Inspector after 14 years of the incident with respect to the allegations made therein and the petitioner was never posted and worked as Lekhpal of the village in the year 2004 and has not prepared the alleged papers and forwarded for approval by a competent authority.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including 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 F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 9.12.2020 Naresh