Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16674 of 2019
Petitioner :- Manoj
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Azhar Hussain, holding brief of Sri A.C.Srivastava, 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 2.6.2019, registered as Case Crime No.139 of 2019, under Sections 376, 506, 120-B I.P.C. and 3/4 POCSO Act, Police Station Rohta, District Meerut.
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 the petitioner happens to be a relative of co- accused Ashish who is stated to have committed rape on the victim who is found to be pregnant also and the allegation which has been levelled against the petitioner is that he threatened the victim for dire consequence of life. 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.
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