HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 12597 of 2018 Petitioner :- [ENTITY] Respondent :- [ENTITY] And 2 Others Counsel for Petitioner :- [ENTITY] Counsel for Respondent :- G.A. Hon'ble [ENTITY],J.
Hon'ble [ENTITY]-I,J.
Heard Sri [ENTITY], learned counsel for the petitioner, Ms. [ENTITY], 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 NUMBER], under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] , under [SECTION], [SECTION], [SECTION] [ACT] and under [SECTION] [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 [PRECEDENT] reiterated the view taken by the earlier Full Bench in [PRECEDENT] after considering the various decisions including [PRECEDENT] 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.
([ENTITY]-I,J.) ([ENTITY], J.) Order Date :- 17.5.2018/NS