Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15573 of 2020 Petitioner :- Rajda And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.H. Vashishtha,Muktesh Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Ranjit Singh holding brief of Sri Muktesh Singh, learned counsel for the petitioners, Ms. Manju Thakur, 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 petitioners, namely, Smt. Rajda and Savid seeking quashing of the First Information Report of Case Crime No.523 of 2020, u/s 363, 366 IPC, P.S. Fareedpur, district Bareilly with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that as per Adhar Card, the victim/petitioner no.1 is a major girl aged about 19 years. He further submits that the petitioner nos.1 and 2 are major and they have also solemnized their marriage on 9.10.2020 as per Muslim customs.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that as per FIR the victim is a minor girl aged about 15 years 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Gaurav