Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Ankit Mishra, learned counsel for the petitioners, Sri D.S. Rana, learned A.G.A. for the State/respondent nos.1 to 3 and perused the impugned F.I.R. as well as material brought on record.
Sri Jyotinder Prakash Pathak, learned counsel, has put in appearance on behalf of complainant/respondent No.4. He is directed to file his memo of appearance in the Registry during course of the day.
This writ petition has been filed by the petitioners- Sunil Kumar (In F.I.R. Sunil Yadav), Matai with a prayer to issue a writ, order or direction in the nature of certioari to quash the impugned F.I.R. dated 17.07.2021 registered as F.I.R. No.0188/2021, under Sections 354, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Ramgaon, District Bahraich with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioners in pursuance of the impugned F.I.R.
Learned counsel for petitioners submits that petitioner no.1 was having love affair with victim girl/respondent no.4. He further submits that respondent no.4 is sister-in-law (Sali) of cousin of petitioner no.1 and petitioner no.2 happens to be the maternal uncle of petitioner no.1. He further submits petitioners are innocent and have been falsely implicated in the present case with malafide intention. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned F.I.R. is liable to be quashed.
Learned counsel for complainant and learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submit that the petitioners are named in the F.I.R. They further submit that victim is a minor girl aged about 14 years as is evident from the impugned F.I.R. and allegation of molestation has been levelled against the petitioners. They further submit that the victim girl has supported the prosecution case in her statement recorded under Section 164 Cr.P.C. and also the impugned F.I.R. discloses a cognizable offence against the petitioners, 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 petitioners, 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 12.8.2021 Shubhankar