Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through Video Conferencing.
The F.I.R. impugned herein is registered as case crime no. 97 of 2021, under Sections 323, 354(kha) I.P.C. and Sections 7 and 8 of the POCSO Act, police station Rupai Diha, district Bahraich.
From a plain reading of the F.I.R., it appears that a cognizable offence, prima facie, is made out against the petitioner. It is well settled that once the F.I.R. discloses commission of cognizable offence, interference under Article 226 of the Constitution of India is impermissible in view of the law laid down by the Hon'ble Supreme Court in the case of State of Harayana and others versus Bhajan Lal and other, AIR 1992 SC 604; State of Bihar and another versus Md. Khalique and another, 2002(1) SCC 652 and Girish Kumar Suneja versus Central Bureau of Investigation(2017) 14 SCC 809.
The writ petition is dismissed without prejudice to the remedy of anticipatory bail under Section 438 Cr.p.c. available to the petitioner.
Order Date :- 12.4.2021 kanhaiya