Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19937 of 2018 Petitioner :- Rajeev Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.F. Khan, learned counsel for the petitioner and Sri A.K. Sand, learned AGA 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 26.5.2018, registered as case crime no.631 of 2018, u/s 376, 507 IPC< P.S. Kotwali Nagar, district Muzaffarnagar.
Learned counsel for the petitioner submits that the respondent no.3 had established some relationship with the petitioner and when the petitioner had refused to marry her, she has lodged present FIR against the petitioner.
Learned AGA opposed the prayer for quashing of the FIR and submitted that FIR discloses the cognizable offence.
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 :- 26.7.2018 Gaurav