Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. Surendra Singh, learned counsel for the petitioners, Ms. Nand Prabha Shukla, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Bantoli, Ram Gopal for the following reliefs:
"(i) to issue a writ, order or direction in the nature of mandamus commanding to the respondent no.2 to 4 to not arrest the petitioners in crime no.0107 of 2021, under Section 376D, 504, 506 I.P.C. and 3/4 POCSO Act, 2012 and 3(2)(v) SC/ST Act, 1989 (as Amended 2015), in Police Station Ranipur, District Bahraich (U.P.) and order dated 26.07.2021 passed by the Additional Sessions Judge/Special Judge SC/ST Act, District Bahraich in Misc. Crl. Case No.302/12/2021 as contained in Annexure No.1 and 13 to this writ petition in the interest of justice.
(ii) to issue a writ order or direction in the nature of certiorari to quash the impugned F.I.R. dated 04.08.2021 in case crime no.0107 of 2021 Under Section 376D, 504, 506 I.P.C., and 3/4 POCSO Act, 2012 and 3(2)(v) SC/ST Act, 1989 (as Amended 2015), in Police Station Ranipur, District Bahraich (U.P.) and order dated 26.07.2021 passed by the Additional Sessions Judge/Special Judge SC/ST Act, District Bahraich in Misc. Crl. Case No.302/12/2021 as contained in Annexure No.1 and 13 to this writ petition in the interest of justice.
(iii) to issue a suitable writ, order or direction which deem just and proper by this Hon'ble Court to constitute a Medical Board heeded by Chief Medical Officer Bahraich or any other Superior Medical Officer for conducting medical examination of the victim in the interest of justice."
Learned counsel for petitioners argued that there were several civil litigation going on between the parties on account of which, impugned F.I.R. has been lodged by private respondent with malafide intention. He further submits that earlier the Mansharam (husband of complainant) has lodged the F.I.R./Case Crime No.131/2020, under Section 323, 506 I.P.C. and Section 3(1)(da) of SC/ST Act against the petitioner no.1, his father and his brother, a copy of the same is annexed as Annexure No.7 to the writ petition, in which chargesheet has also been submitted by police concerned on 16.10.2020 bearing chargesheet No.01/2020, under Section 323, 506 I.P.C. and Section 3(1)(da) of SC/ST Act against the petitioner No.1 only, a copy of the same is also annexed as Annexure No.8 to the writ petition. He further submits that petitioner no.2 is a teacher in Purva Madhyamik Vidyalay Anandpur, Khajoorpur Bahraich since 31.03.2001 and petitioners have no concern with the alleged crime. He further submits that the incident had taken place on 08.05.2021 and the impugned F.I.R. had been lodged on 04.08.2021, after an inordinate delay of about three months without any explanation. He further submits that petitioners are innocent and the impugned F.I.R. has been lodged by the private respondent just for harassment and with oblique movie, hence the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioners are named in the F.I.R. and as per impugned F.I.R., victim, who is a minor girl aged about 14 years has levelled specific allegation of rape against the petitioners. She further submits that from a perusal of impugned F.I.R., cognizable offence is made out against the petitioners, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R. which discloses cognizable offence is made out against the petitioners and also considering the fact that victim is a minor girl and allegation of rape has been levelled agaisnt the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 16.8.2021 Shubhankar