Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1498 of 2019 Petitioner :- Jeet Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petition; learned A.G.A. for respondent nos. 1 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 22.11.2018 registered as Case Crime No. 0312 of 2018, under Sections 354-B, 506 of I.P.C. and 7/8 Protection of Children From Sexual Offences Act, Police Station-Derapur, District-Kanpur Dehat.
The contention of the learned counsel for the petitioner is that although the first information report discloses commission of cognizable offence but the fact of the matter is that there was previous enmity on account of which the petitioner has been falsely implicated and the previous enmity is admitted in the statement of victim recorded under Section 164 Cr.P.C. It has also been submitted that in the statement recorded under Section 164 Cr.P.C. the only allegation against the petitioner is of holding victim's hand and taking her towards the fields.
It is well settled that the defence of the accused cannot be considered at this stage and therefore the prayer to quash the first information report cannot be accepted.
However, looking to the facts of the case, we deem it appropriate to dispose of this petition by providing that the investigation of the case may continue but petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to petitioner's co- operation in the investigation.
Order Date :- 22.1.2019 sweta