Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24092 of 2019 Petitioner :- Dinesh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.,Rajesh Sharma
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents No. 1 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 22.10.2019, registered as Case Crime No. 112 of 2019, at P.S. Pisawa, District Aligarh, under Sections 452, 354 I.P.C., 7/8 POCSO Act and 66(E) of Information Technology Act, which names five persons (i.e. the petitioners).
From a perusal of the first information report it cannot be said that allegations do not disclose commission of cognizable offence.
Learned counsel for the petitioners has passed on a copy of the statement of the victim recorded under Section 164 Cr.P.C. in which entire incident has been narrated disclosing the complicity of the petitioners including name of three other persons so as to contend that there is improvement.
Be that as it may, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 26.11.2019 Vandana