Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25491 of 2018 Petitioner :- Deepak And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santoosh Kumar Dwivedi, learned counsel for the petitioners, Sri N. K. Verma, 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 12.08.2018 registered as Case Crime No. 186 of 2018, under Sections 376, 452, 506, I.P.C., Police Station-Salempur, District Deoria.
Learned counsel for the petitioner submits that the private respondent no.4 is the neighbour of the petitioner no.1 and allegation of rape has been leveled against petitioner no.1 and so far as the petitioner no.2 is concerned no allegation of rape has been leveled against him and he is the student of B.A.
Taking into account the nature of allegation made in the FIR as well as the statement of the victim recorded under Section 164 Cr.P.C.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that the statement of the victim recorded under Section 164 Cr.P.C. in which she has made allegation of rape against the petitioners.
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 :- 13.9.2018/VKG