Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24178 of 2019 Petitioner :- Chandrawati And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Vakalatnama has been filed on behalf of the respondent no. 3, taken on record.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2, and Sri Satish Kumar for the respondent no. 3 and perused the record.
The instant petition seeks quashing of the first information report dated 21.10.2019 registered as Case Crime No. 0220 of 2019 at P.S. Khajani, District Gorakhpur, U/s 354K, 354 Gha, 323, 504, 506 I.P.C. and 7/8 POCSO Act.
The allegations in the impugned first information report is that the co-accused Vishnu Gond (non petitioner) had outraged the modesty of informant's minor daughter, namely, Tanu Gond. The allegations against the petitioners is that when the informant went to complain about the incident to the petitioners, they assaulted the informant.
The contention of the learned counsel for the petitioners is that in so far as the petitioners are concerned, only an offence punishable under Section 323 I.P.C. is made out against them but unnecessarily the Investigating Officer is harassing the petitioners and has also added various provisions against them.
Be that as it may, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted because the first information report discloses commission of cognizable offence and the matter would have to be investigated to find out as to who played what role.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off the petition by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioner shall not be arrested provided he cooperates in the investigation.
With the aforesaid observation, this petition is disposed off.
Order Date :- 26.11.2019 Saurabh