Allahabad High Court
Vaseem And 2 Others vs State Of U P And 2 Others on 18 August, 2021
Bench: Pritinker Diwaker, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6601 of 2021
Petitioner :- Vaseem And 2 Others
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Devendra Saini
Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Devendra Saini, learned counsel for the petitioners and Sri Ankit Prakash, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 17.07.2021 registered as Case Crime No. 483 of 2021, under Sections 376, 511, 506 IPC & 3(1)(r) & 3(2)(va) S.C./S.T. Act, Police Station Kotwali City, District Bijnor.
Learned counsel for the petitioners submits that there are no allegations against the petitioners in the FIR and they have been falsely implicated in the present case. He further submits that no offence is made out against the petitioners.
On the other hand, learned A.G.A. opposed the prayer for quashing of the FIR on the ground that there are serious allegations against the petitioners of sexually exploiting a number of girls under the garb of providing job, hence, offence under the relevant sections is made out against them.
We have heard learned counsel for the parties.
A 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.
The Apex Court, in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others (Criminal Appeal No. 330 of 2021) in its judgment dated 13th April, 2021, has in detail held that the Courts should not thwart any investigation into the cognizable offences. It is only in cases where no cognizable offence or offence of any kind is disclosed in the First Information Report that the Court will not permit an investigation to go on. The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the rarest of rare cases. While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint. Criminal proceedings ought not to be scuttled at the initial stage. Quashing of complaint/FIR should be an exception rather than an ordinary rule. Ordinarily, the Courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities and one ought not to tread over the other sphere. The First Information Report is not an encyclopaedia which must disclose all facts and details regarding the offence reported. Therefore, when the investigation by the police is in progress, the Court should not go into merits of the allegations made in the FIR. Police must be permitted to complete the investigation.
A perusal of the FIR goes to show that there are serious allegations of heinous crime being committed by the petitioners and, prima facie, it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the FIR.
Accordingly, the writ petition fails and is dismissed.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021
Monika
