Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23141 of 2018 Petitioner :- Santosh Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Ashutosh Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kumar Ashutosh Srivastava, learned counsel for the petitioner, Sri N. K. Verma, 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 10.07.2018 registered as Case Crime No. 122 of 2018, under Sections 354, 376, 120-B, I.P.C. and Section 7/8 POCSO Act, Police Station-Khampar, District Deoria.
Learned counsel for the petitioner submitted that the daughter of the respondent no. 2 is the victim of the case, who is the major girl, but no documentary evidence has been annexed.
Learned AGA opposed the prayer and submitted that as per the FIR the victim is minor girl.
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