Hon'ble Rajeev Singh,J.
Heard Sri Arvind Kumar Tiwari, learned Counsel for the petitioner, learned AGA for the respondents-State and perused the record.
Short counter affidavit filed today on behalf of the respondents-State is taken on record.
The present writ petition has been filed by the petitioner, Ramesh Yadav @ Shiv Kumar, seeking quashing of the First Information Report registered as Case Crime No. 0285 of 2020 under Sections 457, 354, 380 IPC and Section 3 (2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015), Police Station Sirsiya, District Shravasti with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned Counsel for the petitioner submitted that the impugned F.I.R. has been lodged by the private respondent with oblique motive and just to harass the petitioner. He has been falsely implicated in the present case without there being any cogent evidence against him, hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner. He further argued that during the course of investigation, the statement of informant/victim was recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., wherein she had supported the version of the F.I.R. Thereafter, on the basis of evidences, Section 354 I.P.C. was altered into Section 376 I.P.C. and Section 457 I.P.C. was altered into Section 458 I.P.C. and Section 3 (2) (VA) of the SC/ST Act was altered into Section 3 (2) (v) on 24.12.2020. 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 petitioner.
Accordingly, this writ petition fails and is dismissed.
Order Date :- 20.1.2021 Ajit/-