Sujeet Kumar Vikas vs State Of Uttarakhand And Others

Manoj K. Tiwari, J

The present petition has been filed by the petitioner for quashing the F.I.R. dated 01.10.2019 registered as FIR No. 6 of 2019, under Sections 13(1)(e) and 13(2) of Prevention of Corruption Act at Vigilance Department, Sector Dehradun. Further prayer has been made to direct the respondents not to arrest petitioner in view of the impugned F.I.R. during pendency of the writ petition.

It is the submission of the learned counsel for the petitioners that petitioners has falsely been implicated in the instant crime.

I have considered the submissions of learned counsel for the parties and have gone through the contents of the F.I.R. Contents of F.I.R. prima facie disclose commission of offence. In my opinion, it is not a fit case where the Court should interfere under Article 226 of the Constitution of India. It is for the Investigating Officer to investigate the matter and thereafter to file either the charge sheet or final report in the matter. The Hon'ble Apex Court, in the case of State of West Bengal. v. 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. Consequently, the writ petition is dismissed.

Learned counsel for the petitioner then prayed that petitioner will surrender before the Court concerned and the concerned Court may be directed to decide his bail application same day.

The petitioner is directed to appear before the Court concerned on or before 25.11.2019. It is made clear that as soon as the petitioner appears before the Court below and move bail application, the same shall be considered on its merit. In case, bail application is deferred for any reason (including its rejection), the concerned Court shall forward the papers to the Sessions Court for deciding the bail application on the same day itself.