RASHID 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 F.I.R. dated 30.03.2018 registered as Case Crime No. 198 of

2018, under Section 385, 376, 506 of I.P.C., Police Station Pathri, District Haridwar.

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

with the impugned F.I.R. dated 30.03.2018 registered as Case Crime No. 198 of 2018, under Section 385, 376, 506 of I.P.C., Police Station Pathri,

District Haridwar.â€​

Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that the petitioner made a video clipping of her at the

time when she was taking bath. It is stated that, on the pretext that he will upload the same on Facebook, the petitioner several times made physical

relations with her and, by blackmailing her, grabbed a sum of ` 50,000/- from her. Furthermore, he threatened her and her husband of dire

consequences and also extended threat of kidnapping her son, in case they report the matter to the police.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.  Â

Learned Deputy Advocate General vehemently opposed the writ petition. He submitted that allegations made against the petitioner are serious in

nature. 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.

I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. 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

Stay application (CLMA No.5167 of 2018) stands rejected. Â

Learned counsel for the petitioner then submitted that in case offence is made out against the petitioner, in that event, the petitioner will surrender

before the Court concerned and will move the bail application and the Court concerned may be directed to decide his bail application same day.

Considering the submission of learned counsel for the petitioner, it is directed that in case petitioner surrenders and moves bail application, the same

shall be decided by the concerned Court very very expeditiously, in accordance with law.

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