Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37334 of 2018
Petitioner :- Chhama Nath
Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Shachindra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
This writ petition has been filed for a direction to State- respondents to take action against the accused persons- respondent Nos.7 to 13 in Case Crime No. 218 of 2018, under Section 363 and 366, Police Station Meja, District Allahabad.
The petitioner is the father of the victim. Learned counsel for the petitioner submitted that twice his daughter (victim) was kidnapped by private respondent in respect of which the above FIR was lodged but till date no action was taken.
Pursuant to our direction, the Investigating Officer is present and stated that neither the victim is willing to get her medically examined nor she supported the case of prosecution under section 164 Cr.P.C.
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.
The writ petition is, accordingly, dismissed.
Order Date :- 21.12.2018 Akram