SUSHIL UPADHYAYA Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2011-7-418
HIGH COURT OF ALLAHABAD
Decided on July 13,2011

Sushil Upadhyaya Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and the learned A.G.A. for the State.
(2.) The relief sought in this petition is for quashing of the FIR registered at case crime no. 193 of 2011 under sections 395, 397, 384 I.P.C., Police station Aurai, District Sant Ravi Das Nagar.
(3.) 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 CrLJ 569 after considering the various decisions including State of Haryana v. Bhajan Lal, 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.;


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