Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24200 of 2019 Petitioner :- Diwakar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.11.2019 registered as Case Crime No.151 of 2019, under Sections 354 (Ka) IPC, Sections 3(1)(w), 3(1)(w) (i), 3(1)(w)(ii) of S.C./S.T. Act and Section 7/8 of Pocso Act, P.S. Padari, District Mirzapur.
The allegation in the impugned first information report, which has been lodged by the victim herself, discloses commission of cognizable offences and, therefore, the prayer for the petitioner to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioner has submitted that the informant had entered the fields of the petitioner and was disturbing the standing crop and when she was checked, false allegations have been levelled.
Be that as it may, as correctness of the allegations is not to be tested in writ jurisdiction, inasmuch as, the allegations are to be tested on the basis of the material collected during the course of investigation and the evidence led in trial, the prayer of the petitioner to quash the first information report on the aforesaid ground cannot be accepted. The petition is dismissed without prejudice to the right of the petitioner to seek for bail or anticipatory bail as per advice.
Order Date :- 28.11.2019 AKShukla/-