Atul vs State Of U.P. And 2 Others
2018 Latest Caselaw 597 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12597 of 2018
 
Petitioner :- Atul
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Akhil Kumar Shukla
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.K.Shukla, learned counsel for the petitioner, Ms. Ibha Sinha, learned A.G.A. 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 10.4.2018, registered as case crime No.101 of 2018, under Sections 323, 504, 506, 354 I.P.C. , under Section 3(1)(Da), 3(1) (Gha), 3(2) (Va) SC/ST Act and under Section 7/8 POCSO Act, Police Station Ayana, District Auraiya.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention for the purpose of harassment. He further submits that the incident is said to have taken place on 2.3.2018 but the FIR has been lodged on 10.4.2018 but there is no plausible explanation for the delay in lodging the FIR. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim is a minor girl aged about 14 years and the FIR 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 petitioner.

The writ petition is, accordingly, dismissed.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 17.5.2018/NS