Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23171 of 2018
Petitioner :- Sanny
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ashok Kumar Singh Bais
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Singh Bais, learned counsel for the petitioner, Sri Prabhash Pandey, learned brief holding 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 04.08.2018 registered as Case Crime No. 123 of 2018, under Sections 354 and 354(Ka), IPC, Police Station Badgaon, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner is running a petty shop (general store) and the respondent no.3 who is the victim of the case has lodged the present FIR against the petitioner stating that she had gone at the shop of petitioner for purchasing some domestic articles where the petitioner tried to outrage her modesty. He further submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the present F.I.R. has been lodged by respondent no.3 against the petitioner on the basis of application under section 156 (3) Cr.P.C. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 24.8.2018/VKG