Neeraj vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2465 ALL

Citation : 2017 Latest Caselaw 2465 ALL
Judgement Date : 17 July, 2017

Allahabad High Court

Neeraj vs State Of U.P. Thru. Prin. Secy. ... on 17 July, 2017

Bench: Ramesh Sinha, Rekha Dikshit




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15511 of 2017
 
Petitioner :- Neeraj
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Affairs Deptt. & Ors.
 
Counsel for Petitioner :- Amar Singh,Harish Chandra
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Harish Chandra, learned counsel for the petitioner, Sri Ganesh Gupta, learned Brief Holder for the State and perused the impugned FIR as well as material brought on record.

The relief sought in this petition is for quashing of the F.I.R. dated 30.5.2017 registered as Case Crime No.158 of 2017, under Sections 354, 506 I.P.C. and Section 7 & 8 POCSO Act, 2012, Police Station Nagram, District Lucknow.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The allegation levelled against the petitioner ais absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out out against the petitioner, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence.

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.

(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.)

Order Date :- 17.7.2017/NS