Pintu Alias Ramdhiraj v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17952 of 2023 Petitioner :- Pintu Alias Ramdhiraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Upadhyay Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Shree Prakash Upadhyay, learned counsel for the petitioner and learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 29.09.2023, registered as Case Crime No. 165 of 2023, under Section 376 IPC and Section 5j(ii)/6 POCSO Act, Police Station-Barsathi, District Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that he is not named in the impugned FIR and has been falsely implicated in the present case due to ulterior motive.

¶4Per contra, learned AGA opposed the petition and pointed out that in her statement recorded under section 164 Cr.P.C. the victim has specifically named the petitioner. It is further submitted that heinous offence under section 376 IPC and 5J(ii)/6 POCSO Act is clearly made out against the petitioner, as such no interference is warranted.

¶5We find substance in the argument of learned AGA. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶6The writ petition is devoid of merit and is accordingly dismissed. Order Date :- 28.11.2023 Nitendra High Court of Judicature at Allahabad