Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25746 of 2019 Petitioner :- Chotu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Rohit Kumar Singh, learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the FIR dated 09.04.2017 registered as Case Crime No. 0104 of 2017, under Sections 363 and 366 IPC, Police Station Mirhachi, District Etah with a further prayer, not to arrest the petitioners in pursuance of the first information report.
The allegation in the FIR is that on 05.04.2017 at about 3.00 pm. the daughter of the informant Km. Renu, aged about 15 years was enticed by Chanda alias Chandra Prakash and one Sailesh and she was taken away on a motorcycle by them.
The submission of the learned counsel for the petitioners is that the FIR was lodged against unknown persons and the petitioners are not named in the FIR. It is further submitted that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the informant. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the girl is minor and in her statement under Section 164 Cr.P.C. she has categorically stated that the petitioners have enticed her and committed rape upon her.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 FIR 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 FIR or staying the arrest of the petitioner.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and applies for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 18.12.2019 N Tiwari