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WPCRL/1617/2019 on 17 September, 2019

WPCRL No. 1617 of 2019
Hon’ble Manoj K. Tiwari, J.

Mr. Vikas Anand, Advocate for the

Mr. Pratiroop Pandey, A.G.A. for the
State of Uttarakhand.

Mr. Abhishek Verma, Advocate for
respondent no. 4.

Heard learned counsel for the parties.
By means of this writ petition,
petitioner has sought quashing of F.I.R.
dated 23.08.2019, being Case Crime No.
359 of 2019, under Section 354 I.P.C. and
Section 7/8 POCSO Act, registered at P.S.
Kashipur, District Udham Singh Nagar.

I have considered the submission
advanced by learned counsel for the parties
and have gone through the contents of the
F.I.R. Contents of F.I.R. prima facie disclose
commission of offence. In my opinion, it is
not a fit case where the Court should
interfere under SectionArticle 226 of the
Constitution of India. It is for the
Investigating Officer to investigate the
matter and thereafter to file either the
charge sheet or final report in the matter.
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.
Consequently, the writ petition is dismissed.

The petitioner is directed to appear
before the Court concerned on or before
24.09.2019. It is made clear that as soon as
the petitioner appears before the Court
below and moves bail application, the same
shall be considered expeditiously on its
merit. In case, bail application is deferred for
any reasons (including its rejection), the
concerned Magistrate shall forward the
papers to the Sessions Court for deciding
the bail application expeditiously.

(Manoj K. Tiwari, J.)
Navin 17.09.2019

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