Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7327 of 2018 Petitioner :- Brij Mohan And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bhupendra Singh,Vijay Bahadur Yadav Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 21.01.2018 bearing Case Crime No.84 of 2018 pending investigation at Police Station Fafoond, District Auraiya for the offence under Sections 452, 354(B), 323 IPC and 7 and 8 of the POCSO Act.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offence referred in the FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Fafoond, District Auraiya not to arrest the petitioners namely Brij Mohan, Raj Kumar, Vishram Singh, Mahipal, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co- operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 A.Kr.* [Ashok Kumar, J.] [Govind Mathur, J.]