Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25831 of 2018 Petitioner :- Ayyub Hasne Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Diwakar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Diwakar Tiwari, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 23.8.2018 registered as case crime no.675 of 2018 under sections 202 I.P.C. and section 19/21 of the Protection of Children from Sexual Offences Act 2012, police station Nauchandi, District Meerut.
Learned counsel for the petitioner submits that one Javed who was also an employee of Government Child Home (Boy), Meerut was involved in the present case and the main allegation is made against him. So far as the petitioner is concerned, it was stated that the name of the petitioner has come in the light during the course of investigation and the allegation made against the petitioner is that he did not give the information about the said incident to the Police.No offence under section 202 IPC and section 19/21 of POCSO Act against the petitioner is made out. The offence in question is punishable for maximum sentence of one year. It is the first posting of the petitioner.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 AU