Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13870 of 2018
Petitioner :- Bablesh And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ashutosh Upadhyay,Rajesh Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashutosh Upadhyay, learned counsel for the petitioner, Sri A.K.Sand, 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 27.3.2018 registered as Case Crime No. 179 of 2018 under sections 354 (Kha), 323 I.P.C., police station Hayat Nagar, District Bheem Nagar (Sambhal).
Learned counsel for the petitioners submits that the petitioners are student. They have been falsely implicated in the present case. The offence under the POCSO Act has been dropped during the course of investigation, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and the same are serious one.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 28.5.2018 Shiraz