Allahabad High Court
Shiv Naresh Singh @ Rahul Singh vs State Of U.P. Thru Prin.Secy. Home And ... on 1 August, 2019
Bench: Munishwar Nath Bhandari, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 20787 of 2019 Petitioner :- Shiv Naresh Singh @ Rahul Singh Respondent :- State Of U.P. Thru Prin.Secy. Home And Ors. Counsel for Petitioner :- Kumar Ayush,Dhirendra Singh Counsel for Respondent :- G.A. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Vikas Kunvar Srivastav,J.
This writ petition has been filed to challenge the FIR No. 0449 of 2019 registered with Police Station Para, District Lucknow, for the offence under Sections 376/323/504/506 IPC.
Learned counsel submits that there is a delay of more than a year in lodging the FIR, containing false allegation against the petitioner. The reference of the facebook message has been given to show the conduct of the complainant. Prayer is accordingly to set aside the FIR. Petitioner is implicating unnecessarily for the offence which includes even offence of demand of dowry, though is not made out as marriage has not been taken place between the parties. Lastly, it has been submitted that FIR was registered when petitioner got engaged with other lady.
We have considered the submissions of learned counsel for the petitioners and perused the record.
The only legal issue is of delay in lodging the FIR. To consider the issue aforesaid, we have gone through the FIR and find that the delay does not exist as the incidence did not take place on one day but was continuance, as stated in the FIR. In view of the above, only legal ground to challenge the FIR cannot be accepted.
So far as other issues are concerned, they are factual in nature. This Court while exercising jurisdiction under Article 226 of the Constitution of India cannot come to the conclusion that on facts, offence has not been committed by the accused or not. The aforesaid remains in domain of the Investigating Officer, He draws conclusion after collection of evidence. The factual aspects cannot otherwise determined by this Court in view of the judgment of the Apex Court in the case of State of Haryana and Others Vs. Ch. Bhajan Lal and Others reported in [AIR 1992 SC 604].
In view of the above, we find no merit in the writ petition. It is accordingly dismissed.
Order Date :- 1.8.2019 kkv/