Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24354 of 2019 Petitioner :- Dev Naresh @ Kalu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Kumar Pushkar Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 21.9.2019 registered as Case Crime No. 0481 of 2019, under Sections 363, 366 I.P.C. Police Station Sikandara Rao District Hathras with a further prayer, not to arrest the petitioners in pursuance of the first information report.
The submission of the learned counsel for the petitioners is that the petitioner is wholly innocent and has never committed any offence. It is further submitted that victim Chhaya Gautam is major and aged about 18 years and went somewhere with some other person and there is no involvement of the petitioner in the alleged incident and the first informant wants to falsely implicate the petitioner in the alleged incident with collusion of the police. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
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 petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 28.11.2019 o.k.