9911796707
TMI Blog2020 (11) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. [ 2006 (7) TMI 723 - ALLAHABAD HIGH COURT ] reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. [ 1999 (9) TMI 997 - ALLAHABAD HIGH COURT ] after considering the various decisions including State of Haryana v. Bhajan Lal [ 1990 (11) TMI 386 - SUPREME COURT ] 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he has misappropriated the hypothecated property namely, the vehicle against which loan was extended and therefore, this act of petitioner in misappropriating the hypothecated property against which loan has been extended, amounts to an offence of cheating and criminal breach of trust. After hearing learned counsel for the parties and going through the record, we are in an agreement with the submission made by learned counsel for the State that FIR has been lodged for cheating and criminal misappropriation of the hypothecated property. 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. It is well settled in view of the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 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. 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 F.I.R or staying the arrest of the petitioner. The writ petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
