Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16034 of 2019
Petitioner :- Ghanshyam
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Avanish Kumar Shukla, learned counsel for the petitioner, 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 5.11.2018 registered as case crime No. 0805 of 2018, under sections 366, 376 IPC, P.S. Achhnera, District Agra.
Learned counsel for the petitioner has submitted that no offence as alleged is made out against the petitioner and the prosecution of the petitioner in the hands of respondent no. 3 is nothing but to harass him. It is further submitted that the victim is a major and is a lady of easy virtue. It is contended that the though the victim in her statement said to have been recorded under Section 164 Cr.P.C. has levelled the allegation of rape against the petitioner but the same is not corroborated from the medical examination report of the victim.
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. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) 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 as laid down by the Apex Court in various decisions including State of Haryana v. Bhajan Lal and others (AIR 1992 SC 604) attended with further elaboration that observations and directions contained in Joginder Kumar's case (Joginder Kumar v. State of U.P. and others (1994) 4 SCC 260 contradict extension to the power of the High Court to stay arrest or to quash an F.I.R. under article 226 and the same are intended to be observed in compliance by the Police, the breach whereof, it has been further elaborated, may entail action by way of departmental proceeding or action under the contempt of Court Act. The Full Bench has further held that it is not permissible to appropriate the writ jurisdiction under Article 226 of the constitution as an alternative to anticipatory bail which is not invocable in the State of U.P. attended with further observation that what is not permissible to do directly cannot be done indirectly.
The learned counsel for the petitioner has not brought forth anything cogent or convincing to manifest that no cognizable offence is disclosed prima facie on the allegations contained in the F.I.R. or that there was any statutory restriction operating on the police to investigate the case.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petition lacks merit and is accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 10.6.2019 RavindraKSingh