Allahabad High Court
Mushtaq Ahmad Siddiqui vs State Of U.P. And 2 Others on 6 July, 2020
Bench: Pankaj Naqvi, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5320 of 2020 Petitioner :- Mushtaq Ahmad Siddiqui Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Tandon,Bipin Kumar Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 9.2.2020 registered as Case Crime No. 23 of 2020, under sections 420,406,467,468,471.120-B IPC P.S. Kotwali District Kanpur Nagar.
Allegation against the petitioner that he being a doctor is certifying false deaths in order to raise a claim for the insurance amount.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.
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.
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.
The writ petition is dismissed.
The party shall file computer generated copy of above order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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 such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.7.2020 RS