Hon'ble Rajeev Singh,J.
Heard Sri D.K.Singh, learned counsel for the petitioner, Sri S.P.Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Neeraj Singh @ Chalu, seeking quashing of the First Information Report of Case Crime/F.I.R. No.187 of 2020, under Sections 376, 511, 504, 506 I.P.C. and 3/4 POCSO Act and 3 (2) (v) SC/ST Act, P.S. Karaundi Kalan, District Sultanpur with a further prayer to stay of arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely implicated in the present case by private respondent no.4 just to spoil his political career as the petitioner has contested the election of Village Pradhan. He further argued that the incident is alleged to have occurred on 20.12.2020 but the impugned F.I.R. has been lodged on 22.12.2020 after a delay of two days and there is no explanation for the same. The impugned F.I.R. has been registered with an allegation under Section 376 and 511 I.P.C. and subsequently when the statement of the victim under Section 164 Cr.P.C. was recorded, as has been pointed out by learned A.G.A., offence has been converted under Section 376D I.P.C. which is an improvement just to harass the petitioner and send him to jail. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the victim is a minor girl aged about 17 years, her statement under Section 164 Cr.P.C. has been recorded wherein she has levelled allegation of gang rape against the petitioner and co-accused, hence, the case has been converted under Section 376D I.P.C. and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2021 NS