Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26606 of 2018 Petitioner :- Naim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Deepak Kumar Singh Counsel for Respondent :- G.A.,Mohd. Akbar Shah Alam Khan
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ali Hasan, learned counsel for the petitioner, Sri Mohd. Akbar Shah Alam Khan, learned counsel for private respondent, 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 27.08.2018 registered as Case Crime No.602 of 2018 under Sections 376, 506 IPC and 3/4 POCSO Act, Police Station Budhana, District Muzaffarnagar.
Learned counsel for the petitioner submits that daughter of respondent no.3 appears to be consenting party and when she became pregnant, she disclosed the said fact to her parents, hence, the present FIR.
Learned AGA and learned counsel for the caveator opposed the prayer for quashing of the FIR and submits that the victim is a minor girl aged about 13 and a half years.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima