MUKESH KUMAR SAHGAL vs STATE OF UTTARAKHAND AND OTHERS

This petition has been filed by the petitioner seeking the following reliefs:

“i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned First Information Report dated 21.4.2018, registered as

FIR/Case Crime No.0012 of 2018, under Section 323, 354, 504, 506 of IPC and Section 10, 11, 12, 7, 8, 9 f, 9 1, registered at P.S. Lamgada, District

Almora (contained as Annexure No.1 to this writ petition).

 ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.1 & 2 not to arrest the petitioner in

connection with FIR/Case Crime No.0012 of 2018, under Section 323, 354, 504, 506 of IPC and Section 10, 11, 12, 7, 8, 9 f, 9 1, registered at P.S.

Lamgada, District Almora.â€​

On 21.4.2018, the respondent no. 3 lodged an F.I.R. against the petitioner alleging therein that, the petitioner who was working in Govt. Primary

School Vagania has committed sexual harassment with Nirmala aged about 10 years, student of the Govt. Primary School Vagania. In the FIR, it is

also alleged that Mukesh Kumar Sahgal and his colleague Daya Shelakoti threatened Nirmala of dire consequences.Â

Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore,

protection should be granted to the petitioner. He submitted that the petitioner has falsely been implicated in the instant case.Â

Learned A.G.A. vehemently opposed the writ petition. He submitted that allegations made against the petitioner are serious in nature.Â

Therefore, interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed at the threshold.Â

I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. Â

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.

From perusal of FIR, I find that contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter,

either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved

under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. Â