Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11421 of 2019 Petitioner :- Chhotkau @ Raj Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravikant Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 7.2.2019 registered in Case Crime No. 0016 of 2019, under Sections 354 (Ka), 354 (Kha), 452, 504, 506 I.P.C. and Section 7/8 POCSO Act, P.S. Narval, district Kanpur Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that apart from the bald allegations made in the impugned first information report no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned first information report is liable to be quashed.
Per contra the learned A.G.A. contended that the allegation contained in the first information report cannot be aborted at this stage. The petitioner will have ample opportunity to rebut the allegations made against him.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law.
Order Date :- 30.4.2019 Shahnawaz