Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16012 of 2019 Petitioner :- Gyan Singh Pasi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Yadav,Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sudhakar Yadav, learned counsel for the petitioners, Sri K.P. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 15.04.2019 registered as case crime no. 333 of 2019 under sections 376, 506 I.P.C., police station Dhoomanganj, District Prayagraj.
Learned counsel for the petitioner submits that as per the statement of the prosecutrix recorded under section 164 Cr.P.C., she is aged about 19 years and there was some relationship between the petitioner and the prosecutrix but when the petitioner refused to marry her, she lodged the present FIR.
Learned AGA opposed the aforesaid prayer and submitted that there are allegations against the petitioner in the statement of the prosecutrix recorded under section 164 Cr.P.C.
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.
Office is directed to return the certified copy of the FIR to the learned counsel for the petitioner after retaining a photocopy of the same.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Madhurima