Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15984 of 2019
Petitioner :- Avaneesh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sharvan Kumar Rai,Anil Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K. Rai, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 17.5.2019 registered as case crime no. 150 of 2019 under sections 323, 506, 354 I.P.C., police station Jaithara, District Etah.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him only on account of the fact that some money of the petitioner was due on the informant and when he asked him to return the same, present F.I.R. has been lodged by the informant, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that as per the F.I.R. the victim is a minor girl aged about 14 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 petitioners.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 10.6.2019 Shiraz