Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10692 of 2018
Petitioner :- Anil Kumar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.S.Mishra,learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 17.3.2018, registered as Case Crime No.253 of 2018, under Sections 376D, 120B, 506 I.P.C., 3(2) 5 SC/ST Act and 5/6 POCSO Act, Police Station Deoband, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case for the purpose of harassment with ulterior motive. He further submitted that the petitioner is not named in the FIR and his name has come into light during the course of investigation. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, the FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the victim is minor girl aged about 16 years.
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 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, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.4.2018/NS