Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1960 of 2019 Petitioner :- Harish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kuldeep Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Kuldeep Kumar Dixit, learned counsel for the petitioner and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 9.1.2019 registered as Case Crime No.0007/2019, under Section 354 IPC and Section 7/8 of the POCSO Act, P.S. Dataganj, Budaun.
Learned counsel for the petitioner submits that the FIR is malafidely motivated as in respect of an occurrence dated 5.1.2019, FIR came to be lodged on 9.1.2019, coupled with no criminal history, no offences are made out, FIR is liable to be quashed.
The learned A.G.A has opposed the submission.
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 petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 29.1.2019 Chandra