Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 25069 of 2019 Petitioner :- Raju Maurya Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Hinchh Lal Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Learned A.G.A. has filed counter affidavit pursuant to the order dated 07.12.2019, the same is taken on record.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to stay the arrest of the petitioner, F.I.R. dated 11.10.2019 in Case Crime No.147 of 2019, Under Sections 376, 504, 506 I.P.C. and under Section 3 (2) V of SC/ST Act, Police Station-Jigna, District- Mirzapur.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.4. Hence, the F.I.R. deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56) ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. 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 F.I.R., 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. Interim order, if any, is hereby vacated.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 16.12.2019 SK Goswami