Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14681 of 2019
Petitioner :- Faraz And 3 Others
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the petitioners, Sri Deepak Mishra, 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 19.5.2019 registered as Case Crime No. 252 of 2019, under Sections 363, 354, 506 IPC and Section 7/8 of POCSO Act, P.S. Khatauli, District Muzaffar Nagar.
Allegation against the petitioners is of enticing away the minor daughter of the respondent no. 3.
It is contended by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to be quashed.
Perused the statement of victim said to have been recorded under Section 164 Cr.P.C. wherein the victim has deposed against the petitioners.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 10.6.2019 RavindraKSingh