Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25705 of 2019 Petitioner :- Ram Kishun Fauji Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar,Birendra Singh Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing the impugned FIR dated 14.6.2019 bearing Case Crime No. 93 of 2019 under sections 452, 504, 506 and 376 I.P.C. P.S. Chandpur district Fatehpur with a further prayer not to arrest the petitioner in pursuance of the first information report.
The allegations made in the FIR are that the petitioner committed rape upon the victim in the night of 14.6.2019 at 6.11 p.m. at gun point when the other family members were not there. When the victim resisted, she was beaten by the petitioner.
The submission of the learned counsel for the petitioner is that he has been falsely implicated in the present case due to political rivalry, hence the FIR 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 petitioners 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 FIR 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 FIR or staying the arrest of the petitioners. The writ petition is accordingly dismissed.
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 :- 17.12.2019 N.A.