Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38045 of 2018
Petitioner :- Mumtaz @ Mohd. Ayub Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Majahar Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Majahar Ali, learned counsel for the petitioner, Sri N.K. Tiwari, 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 28.10.2018 registered as Case Crime No. 205 of 2018, under Sections 363, 366, 120-B I.P.C., Police Station-Meerganj, District Jaunpur.
Learned counsel for the petitioners submits that the applicant is innocent and has been falsely implicated int he present case. He further submitted that the victim is stated to be aged about 14 years and the applicant has enticed away the victim. He next submitted that at present the victim is living with her parents. He further submitted that the allegations made against the petitioners are absolutely, frivolous and baseless, hence, present F.I.R. be quashed.
Learned AGA opposed the prayer for quashing of the F.I.R.
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.
(Raj Beer Singh,J) (Ramesh Sinha,J.)
Order Date :- 21.12.2018 Manoj