Hon'ble Rajeev Singh,J.
Heard Sri Amrendra Singh, learned counsel for the petitioner, Sri D.S.Rana, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Devita @ Devta Deen Kashyap, seeking quashing of the impugned First Information Report No.388 of 2020, under Sections 376-D, 452, 506 I.P.C. and 3/4 POCSO Act, Police Station Vishesharganj, District Bahraich with a further prayer to stay of arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely implicated in the present case just for the purpose of harassment. He further submits that there was some dispute between the parties with respect to fishery rights, on account of which the impugned F.I.R. has been lodged against the petitioner along with one Ghirre Sai. It is further argued that for the last seven months the victim/prosecutrix did not make any complaint and when became pregnant and has given birth to a dead child, she lodged the impugned F.I.R. against the petitioner along with one Ghirre Sai levelling false allegation of rape. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the victim is a minor girl aged about 16 years as per the F.I.R. itself and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 27.1.2021 NS