Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5293 of 2019
Petitioner :- Avanish Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.M. Mishra
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and Ms. Sanyukta Singh, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.30 of 2019, under Section 7 Prevention of Corruption Act, 1988, P.S. Kotwali, District Azamgarh.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
We have perused the FIR, which shows that the victim is minor, she is also deaf and dumb, petitioner is named in the FIR and specific allegations has been made against the petitioner in the FIR.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani Vs. Janak C. Mehta and Others reported in 2009 (1) SCC 516. wherein the Apex Court has held as under:
"(1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a First Information Report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence.
(2) For the said purpose, the Court, save and except in very exceptional circumstances, would not look to any document relied upon by the defence.
(3) Such a power should be exercised very sparingly. If the allegations made in the FIR disclose commission of an offence, the court shall not go beyond the same and pass an order in favour of the accused to hold absence of any mens rea or actus reus.
(4) If the allegation discloses a civil dispute, the same by itself may not be a ground to hold that the criminal proceedings should not be allowed to continue."
The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. Vs. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the averments as made in the instant writ petition, the Court is of the opinion that no case for grant of any indulgence is made out and accordingly, the instant writ petition is dismissed.
Order Date :- 26.2.2019 R./