Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23239 of 2018 Petitioner :- Lala @ Phool Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Manoj Singh Rathaur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioners, Sri Amit Raj Chaurasiya, 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 30.07.2018 registered as Case Crime No.0461 of 2017 under Sections 376, 511, 354, 506 IPC and 7/8 POCSO Act, Police Station Akbarpur, District Ram Bai Nagar.
Learned counsel for the petitioners submits that petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence.
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 :- 24.8.2018/Madhurima