Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri U.K.Pushkar, learned counsel for the petitioner, Ms. Manju Thakur, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 24.3.2018, registered as case crime No.85 of 2018, under Section 376D I.P.C. and 3/4 POCSO Act, 2012, P.S. Jawan, District Aligarh.
Learned counsel for the petitioner submits that the petitioner himself is a minor boy aged about 9 years and is a student of class 2nd and he has been falsely implicated in the present case. He further submits that the medical examination of the victim has been conducted on 24.3.2018 in which no mark of injury was found. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim is a minor girl aged about 4 years and in her statement recorded under Section 164 Cr.P.C. she has levelled allegation against the petitioner and the petitioner has actively participated in the crime in question.
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 petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018/NS