Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24221 of 2019 Petitioner :- Golu Bhatt Alias Anurag (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19th October, 2019 registered as Case Crime No.734 of 2019, under Sections 354 and 504 IPC; Section 7/8 Pocso Act and Section (1) w (i) SC/ST Act at Police Station Khalilabad, District Sant Kabir Nagar.
As the allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated therefore the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
At this stage, learned counsel for the petitioner states that the petitioner is a minor.
If that is so, the petitioner would also be entitled to claim juvenility at the appropriate forum at appropriate stage.
Order Date :- 28.11.2019. Rks.