Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11378 of 2019 Petitioner :- Aman Jaiswal (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivasare Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Shivasare, learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 07.09.2018, registered as Case Crime No. 156 of 2018, under Sections 363, 366 I.P.C. & Section 7/8 POCSO Act, and added Section 376 I.P.C. and 3/4 POCSO Act, Police Station-Saraimeer, District-Azamgarh.
It is submitted by the learned counsel for the petitioner that the petitioner who is minor is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4 Smt. Manbhawati Prajapati. There is material inconsistency in the prosecution version which creates serious doubt about its veracity hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations. The first information report has been lodged by the respondent no.4 who is the mother of the minor victim narrating agony and pain in natural manner. There is no embellishment in the prosecution version. The victim will not invite stigma upon her career by attributing false allegations upon others. The conduct of the accused persons are highly contemptible and scornful hence the petitioner does not deserve any indulgence.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences which cannot be oversighted by this Court at this stage. The learned counsel for the petitioner has failed to put forth any justifiable ground for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 30.4.2019 Rahul.