On a query regarding the victim's whereabouts, counsel stated the petitioner was in jail during the alleged incident, rendering conspiracy allegations false. The Court ruled that examining FIR correctness is beyond Article 226 scope.
The writ petition is dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5792 of 2021
Petitioner :- Sunil Paswan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav,Ravindra Kumar Yadav
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
On a pointed query made by the Court, learned counsel for the petitioner states that the whereabouts of the victim is not known to him.
It is then stated that the allegations in the FIR are mala fide , inasmuch as, on the date of the alleged incident, the petitioner was in jail as he was lodged therein since 18.01.2020. It is stated that during nation wide lock-down w.e.f. 23.03.2020 until July, 2020, no visitor was allowed in jail, and as such, the allegation of conspiracy on the part of the petitioner to entice away the victim girl is absolutely false.
Considering the above, we may note that the correctness of the allegations in the first information report cannot be examined by this Court within the scope of Article 226 of the Constitution of India.
Even otherwise, from a perusal of the first information report, it cannot be said that it does not disclose commission of a cognizable offence. Any interference at this stage may impede the process of speedy investigation.
The writ petition is, accordingly, dismissed .
Order Date :- 28.9.2021 P Kesari
1 issue framed by the court
Whether examining the correctness of FIR allegations is within the scope of Article 226 of the Constitution.
1 provisions across 1 enactments
Sunil Paswan
State Of U.P.
Sunita Agarwal
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
