Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7341 of 2021 Petitioner :- Sagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.,Irshad Ahmad
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Irshad Ahmad, learned counsel for the repsondent no.3.
By means of the present petition, the petitioner herein seeks for quashing of the first information report dated 11.07.2021 registered as Case Crime No.17 of 2021, under Sections 328 & 506 IPC, P.S.- Bhareh, District- Etawah.
From the allegations in the first information report, it cannot be said that it does not disclose commission of a cognizable offence. The contention of the learned counsel for the petitioner that the petitioner herein is innocent and the incident-in- question though occurred, but there was neither any intention nor active participation of the petitioner, cannot be examined within the scope of Article 226 of the Constitution of India. Any statement of the victim girl or the affidavit given by her can be seen by the investigating officer.
Any interference at this stage may impede the process of speedy investigation.
The writ petition is, accordingly, dismissed.
Order Date :- 23.9.2021 P Kesari