Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26074 of 2019 Petitioner :- Daman Singh (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jay Babu Kesharwani Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Jay Babu Kesharwani, learned counsel for the petitioner, the learned AGA 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, no. 0435 of 2019, dated 27.11.2019, under sections 354-Kha, 452, 323, 506 IPC & 7/8 POCSO Act, P.S.
Saini, District Kaushambi.
It is submitted by learned counsel for the petitioner that the petitioner is a juvenile (12 years). The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Learned A.G.A, has rightly alleged that the offence is serious, prima facie, cognizable offences are made out.
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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 19.12.2019 N.S.Rathour