Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6889 of 2021 Petitioner :- Rahul @ Akash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Naveen Srivastava,J.
Heard Shri Jitendra Singh, learned counsel for the petitioner and Shri V.S. Rajbhar, the learned AGA.
Learned counsel for the petitioner submits that petitioner, a minor, student of class-X, has been falsely implicated as his father declined to solemnize the marriage of the petitioner with the victim till they attain majority, moreover their engagement ceremony has already been postponed, coupled with the fact that victim is residing with her parents, no offence is made out, F.I.R. be quashed.
Learned A.G.A. opposed the submission on the ground that, prima facie F.I.R. disclosed cognizable offence and the contentions raised by the petitioner cannot be examined in their jurisdiction as otherwise matter is pending investigation.
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 dismissed. Order Date :- 19.8.2021 Sachin