Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38033 of 2018
Petitioner :- Satyapal
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Asheesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Asheesh Kumar Tiwari, learned counsel for the petitioner, Sri N.K. Tiwari, 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 26.8.2018 registered as Case Crime No. 343 of 2018, under Sections 354(Ka) I.P.C. & 7/8 POCSO Act, Police Station-Madnapur, District Shahjahanpur.
Learned counsel for the petitioner submits that earlier point of time an F.I.R. was lodged from the side of petitioner against the private respondents and the present F.I.R. has been lodged against the petitioner as counter blast. He further submitted that the victim is aged about 12 years. The allegations made against the petitioner is absolutely, frivolous and baseless, hence, present F.I.R. be quashed.
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.
(Raj Beer Singh,J) (Ramesh Sinha,J.)
Order Date :- 21.12.2018 Manoj