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2018 DIGILAW 82 (UTT)

Jhirmal Singh v. State of Uttarakhand

2018-03-06

V.K.BIST

body2018
JUDGMENT : 1. Present writ petition has been filed for the following reliefs:- “(a) Issue a writ, order or direction in the nature of certiorari to call for the record and to quash/set-aside the first information report dated 22.02.2018 registered as Case Crime No. 41 of 2018 under Section 376 of IPC, Police Station-Gadarpur, District Udham Singh Nagar lodged by the respondent no. 3, filed as Annexure No. 1. (b) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 and 2 not to arrest or harass the petitioner in pursuance of the aforesaid first information report.” 2. First information report was registered on 22.02.2018 as Case Crime No. 41 of 2018 under section 376 of IPC, Police Station-Gadarpur, District Udham Singh Nagar by respondent no. 3 wherein it is alleged that petitioner was having love affair with respondent no. 3 - complainant for last 9 years and on the pretext of marrying with respondent no. 3, petitioner sexually exploited her for last 9 years. Now he married to another girl on 22.02.2018. 3. Learned counsel for the petitioner submits that petitioner was having acquaintance with respondent no. 3 and only in order to falsely implicate the petitioner a false case of sexual exploitation has been set up. He submits that petitioner never had any physical relation with respondent no. 3 and false and frivolous allegation has been made out against the petitioner. He submits that respondent no. 3 is a major girl, therefore, the allegation contained in the first information report do not constitute the offence under section 376 of IPC. He submits that the petitioner is a law abiding citizen having good reputation in the society. He further submits that in case protection is granted to the petitioner he will fully cooperate with the investigation. 4. The Hon’ble Apex Court, in the case of State of West Bengal vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case and will permit investigation into the offence alleged to be completed. If the FIR, prima-facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 5. If the FIR, prima-facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 5. I have considered the submissions of learned counsel for the parties and have gone through the contents of the F.I.R. It cannot be said that from the reading of the FIR no offence is made out. Whether the facts mentioned in the F.I.R are correct or not, is a matter of investigation. In my opinion it is not a fit case where the Court should intervene. It is for the Investigating Officer either to file final report or charge sheet in the matter. 6. The writ petition is dismissed. However, it is provided that if the petitioner surrenders before the court concerned and moves seeks bail application, his bail application shall be considered by the courts below expeditiously.