Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Bhola Singh Patel, learned counsel for the petitioner, Sri S.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioner- Shubham Dubey with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 27.06.2021 lodged by opposite party no.4 as F.I.R. No. 0127/2021, under Section 354 (ka) I.P.C. and Section 7/8 of POCSO Act, Police Station Jahagirganj, District Ambedkar Nagar with a further prayer to stay the arrest of the petitioner in pursuance of the aforesaid F.I.R.
Learned counsel for petitioner submits that there is no specific role has been assigned to petitioner. He further submits that petitioner is a student of B.A. IInd year in B.M. Memorial Degree College, Ambedkar Nagar. He further submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the F.I.R. He further submits that victim is a minor girl aged about 13 years as is evident from the impugned F.I.R. and allegation of molestation has been levelled against the petitioner. He further submits that the impugned F.I.R. discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 30.7.2021 Shubhankar