Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16627 of 2019
Petitioner :- Satyapal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Satya Pal Singh,Akhilesh Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Akhilesh Singh, learned counsel for the petitioner, Sri Irshad Hussain, 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 20.5.2019 registered as case crime No. 0153 of 2019, under Sections 323, 354(ka) IPC and Section7/8 of Protection of Children from Sexual Offences Act, 2012, at P.S. Hayatnagar, District Sambhal.
It is contended by learned counsel for the petitioner that initially the FIR was registered against the petitioner under Section 354(ka) IPC on false and flimsy allegations and he has been implicated in the present case on account of enmity and village party bandi. It is further submitted that it is a case of no injury.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence. It is further submitted that there is statement of the victim under Section 164 Cr.P.C. wherein she has levelled allegation of committing rape against the petitioner and co accused Julesh and the case is likely to be converted under Section 376 IPC on the basis of the statement of the victim.
The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) 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 as laid down by the Apex Court in various decisions including State of Haryana v. Bhajan Lal and others (AIR 1992 SC 604) attended with further elaboration that observations and directions contained in Joginder Kumar's case (Joginder Kumar v. State of U.P. and others (1994) 4 SCC 260 contradict extension to the power of the High Court to stay arrest or to quash an F.I.R. under article 226 and the same are intended to be observed in compliance by the Police, the breach whereof, it has been further elaborated, may entail action by way of departmental proceeding or action under the contempt of Court Act. The Full Bench has further held that it is not permissible to appropriate the writ jurisdiction under Article 226 of the constitution as an alternative to anticipatory bail which is not invocable in the State of U.P. attended with further observation that what is not permissible to do directly cannot be done indirectly.
The learned counsel for the petitioner has not brought forth anything cogent or convincing to manifest that no cognizable offence is disclosed prima facie on the allegations contained in the F.I.R. or that there was any statutory restriction operating on the police to investigate the case.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petition lacks merit and is accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 14.6.2019 RavindraKSingh