Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2646 of 2021 Petitioner :- Gautam @ Vivek Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Malviya Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Heard Sri Rajiv Malviya for the petitioners and Sri Awadesh Kumar Shukla, learned A.G.A. for the State respondents.
This writ petition has been filed seeking quashment of FIR dated 15.02.2021 lodged against the petitioners in respect of Crime No. 0081 of 2021 for the offence under Sections 323, 342, 452, 354, 504, 506 IPC and Section 7/8 POCSO Act, Police Station-South, District Firozabad.
Counsel for the petitioners submits that present petition has been filed as a counter blast and it is petitioner No.3 who first lodged FIR against family members of the informant. He further submits that if FIR is not quashed, at least by way of interim order, protection may be granted to the petitioners till filing of charge sheet.
Per contra, it has been argued by the State counsel that FIR discloses cognizable offence, and therefore, the same cannot be quashed and no interim relief can be granted to the petitioners. We have heard the parties.
From a bare reading of the FIR, a cognizable offence is made out against the petitioners. Further considering the law laid down by the Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433), we find it difficult to quash the proceedings.
So far as interim relief is concerned, once we have declined to interfere in the writ petition, question of granting any interim relief to the petitioners does not arise and this has been settled by the Apex Court in the case of State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki vs State of U.P. and other in Special Leave to Appeal (Criminal) No. 4650 of 2020.
The petition has no substance and the same is dismissed.
Order Date :- 6.4.2021 nethra