Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14071 of 2019
Petitioner :- Ramesh Kashmira @ Kundan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajitabh Choubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ajitabh Choubey, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. appearing 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 6.9.2018 registered as Case Crime No. 0112 of 2018, under Sections 363, 366 I.P.C., Police Station-Bheempura, District Ballia.
Allegation against the petitioner is of enticing away the minor daughter of the respondent no. 3.
It is contended by learned counsel for the petitioner that the petitioner is not named in the FIR and he has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses 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 petitioners.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 10.6.2019 RavindraKSingh