CHHAKI LAL AND ANR Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2011-10-221
HIGH COURT OF ALLAHABAD
Decided on October 17,2011

Chhaki Lal And Anr Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners and learned A.G.A. appearing for the State. The relief sought in this petition is for quashing of the F.I.R. registered at case crime no.589 of 2011, under Sections 467, 468, 409 IPC, P.S. Bar, district Lalitpur.
(2.) The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. and others,2006 56 ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others, 2000 CrLJ 569) after considering the various decisions of the Apex Court including State of Haryana v. Bhajan Lal and others, 1992 AIR(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.
(3.) 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 FIR or staying the arrest of the petitioners. The writ petition is, accordingly, dismissed.;


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