Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16676 of 2019
Petitioner :- Kaluwa
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Raghvendra Prakash,Rohit Shukla
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Raghvendra Prakash, learned counsel for the petitioner, Sri Irshad Hussain, 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 15.10.2017, registered as Case crime No.373 of 2017, under Sections 354, 506 I.P.C. and Section 7/8 POCSO Act, Police Station Shergarh, District Mathura.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that in the present case twice final report has been submitted but the same was not accepted and investigation is still pending. There is no external or internal injury found on the person of the victim, hence, it is a case of no injury. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submtited that the victim is a minor girl.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 14.6.2019/NS