Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4621 of 2018
Petitioner :- Samir Ahmad
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Usha Srivastava,Shantanu Srivastava
Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Shantanu Srivastava, learned counsel for the petitioner, Sri R.K.Mishra, learned Brief Holder for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 25.1.2018 registered as Case Crime No.47 of 2018,under Sections 363, 366, 376D I.P.C. and 7/8 POCSO Act, Police Station Noorpur, District Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. The petitioner is a minor boy aged about 14 years of age. He further submits that the allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out out against the petitioners, hence, the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner along with two other co-accused persons has been involved in the present case and as per the statement of the victim recorded under Section 164 Cr.P.C., there is specific allegation of rape against the applicant along with other co-accused person.
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 petitioner.
The writ petition is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018/NS