Ashif Ali vs State Of Uttarakhand & Others

N.S. Dhanik, J

Present writ petition has been filed for the following reliefs:-

"(i.) A writ, order or direction in the nature of certiorari quashing the impugned first information report dated 22.04.2018 registered as FIR No.209 of 2018 under Section 420, 468, 471 and 120-B IPC Police Station, Vikasnagar, District Dehradun.

(ii) A writ order or direction in the nature of mandamus commanding the respondent no.2 not to arrest and not to harass the petitioner in connection with FIR No.209 of 2018 under Sections under Section 420, 468, 471 and 120-B IPC Police Station, Vikasnagar, District Dehradun."

On 22.04.2018 respondent no.3 got lodged a first information report at Police Station Vikas Nagar District Dehradun with the allegation that petitioner-Ashif Ali, who is brother-in-law of one Naeem Hussain, in collusion with Naeem Hussain had grabbed `12.00 lakhs from him on the pretext that he would provide job to his son.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the instant case. He submits that the allegations made in the FIR are totally false and frivolous. He further submits that petitioner has not cheated respondent no.3.

The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561, has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences.

I have considered the submissions of learned counsel for the parties and have gone through the contents of the F.I.R. It cannot be said that from the reading of the FIR no offence is made out. Whether the facts mentioned in the F.I.R are correct or not, is a matter of investigation. In my opinion it is not a fit case where the Court should intervene. It is for the Investigating Officer either to file final report or charge sheet in the matter.

The writ petition is dismissed. At this stage, learned counsel for the petitioner submits that petitioner may be permitted to surrender and the courts below be directed to decide his bail application same day. It is provided that if petitioner surrenders before the court concerned and moves bail application, his bail application shall be considered by the courts below expeditiously, preferably same day.

Misc. application no.7544 of 2018 stands rejected. Urgency application no.761 of 2019 stands disposed of.