Allahabad High Court
Smt. Rashmi Sharma vs State Of U.P. And 2 Others on 1 December, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 13896 of 2020 Petitioner :- Smt. Rashmi Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Rana Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Deepak Rana, learned counsel for the petitioner, Ms. Archana Singh, learned AGA for the State and perused the First Information Report and the material on record.
An exemption application has been filed on behalf of the petitioner along with present petition for exempting the filing of certified copy of the F.I.R. as it could not be made available to the petitioners due to COVID-19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
The present writ petition has been filed by the petitioner, namely, Smt. Rashmi Sharma, seeking quashing of the First Information Report of Case Crime No. 798 of 2020 under sections 420, 467, 468, 471, 120-B I.P.C., police station Murad Nagar, District Ghaziabad with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that the respondent no. 3 is the real brother of the petitioner. There has been some dispute between them with respect to a will deed executed by their mother and now the respondent no. 3 does not want to give share to the petitioner from their ancestral property on account of which as a pressure tactics, he lodged the present F.I.R. against the petitioner levelling false and frivolous allegations, hence the impugned F.I.R. is liable to be quashed.
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 petitioners.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer 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 before the concerned Court/Authority/Official.
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.
Order Date :- 1.12.2020 Shiraz