Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15556 of 2020
Petitioner :- Viresh
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri S.K. Mishra, learned counsel for the petitioner, Sri Gambhir Singh, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Viresh, seeking quashing of the First Information Report of Case Crime No. 120 of 2020 under sections 363, 366 I.P.C. and 7/8 POCSO Act, police station Mirhachi, District Etah with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that as per the F.I.R. there is no allegation against the petitioner as the main allegation of enticing away the victim is against co-accused Vishnu. He submits that as per the certificate issued by Basic Shiksha Adhikari, the victim is major girl aged about 20 years copy of the same is annexed at page-27 of the present petition, hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioner as there is allegation of enticing away the victim against the petitioner also. He further submits that the victim as per the F.I.R. is a minor girl aged about 16 years, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : 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.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
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.
Accordingly, this writ petition fails and is 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.
(Subhash Chand, J.) (Ramesh Sinha, J.)
Order Date :- 7.1.2021 Shiraz