Single Judge Court dismissed a petition for quashing an FIR under the SC/ST Act and IPC sections, finding the FIR disclosed a cognizable offence, thus no interference was called for under Article 226.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8307 of 2020
Petitioner :- Sumit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mandvi Tripathi,Alka Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Ms. Alka Upadhyay, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 3.6.2020, registered as case crime no.220 of 2020, u/s 363, 366, 504, 506 IPC and 3(1)(D) of SC/ST Act, P.S. Saurikh, district Kannauj.
Learned counsel for the petitioner states that she could not file the certified copy of the impugned F.I.R. and prays for exemption. The exemption application is allowed.
Learned counsel for the petitioner submits that the petitioner had earlier approached this Court by filing Criminal Misc. Anticipatory Bail Application No.3796 of 2020 which was dismissed on the ground of maintainability not on merit by learned Single Judge of this Court as the impugned FIR was registered under the SC/ST Act. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim in her statement recorded u/s 164 Cr.P.C has deposed against the petitioner and she is minor aged about 16 years.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, 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.
(Ajit Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2020 Gaurav
3 issues framed by the court
Whether this court can quash an FIR under the SC/ST Act when it discloses a cognizable offence.
Interim relief in the criminal miscellaneous writ petition under Article 226 of the Constitution.
Merit of the petition filed by Sumit for quashing FIR dated 3.6.2020.
Sumit
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
