Uday Bhan Chaubey and Others vs State of U.P. and Another

Amar Saran and Surendra Singh, JJ.—Heard Learned Counsel for the petitioners, Shri Rajiv Kumar Yadav for respondent 3, 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. 1489 of 2010. under Sections 419/420/467/468/471, I.P.C, P.S. Kothi Bhar, district Maharajganj.

Learned Counsel for respondent No. 3 points out that the Criminal Misc. Writ Petition No. 18110 of 2010 filed by the similarly placed co-accused Kanhaiya Prasad, who was Lekhpal, has been dismissed by this Court by an order dated 27.9.2010.

The case of the petitioners, who are Gram Pradhan and the Manager of the schools, do not stand on a better footing than the said Lekhpal.

The allegations in the F.I.R. were that by preparing fictitious and forged documents with the aid of the Lekhpal and others. Gram Samaj land was transferred illegally to those schools of which the petitioners are the Manager.

Learned Counsel for the petitioners submitted that order of the Consolidation Officer is in his favour and the same has not been set aside in appeal.

The value of this order relates to a matter of defence and its value will be assessed by the investigating agency or the trial court.

this Court in its writ jurisdiction cannot offer any opinion on the basis of the orders and whether they have been rightly or fraudulently obtained.

Moreover, the Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. and others LVI 2006 ACC 433 . reiterated the view taken by the earlier Full Bench in Satya Pal and Others Vs. State of U.P. and Others, after considering the various decisions of the Apex Court including State of Haryana and others Vs. Ch. Bhajan Lal and others, 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.

From the perusal of the F.I.R., 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 petitioner.

The writ petition is accordingly dismissed.