Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10947 of 2019 Petitioner :- Khushbu Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Yadav,Lal Mani Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Manish Kumar Yadav, learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.4.2018 registered as Case Crime no.176 of 2018 under sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Panki, District Kanpur Nagar.
From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizanable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears/produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C, same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but petitioners shall co-operate with the investigation. In case alleged victim appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners. In case petitioners approach the S.S.P. concerned to provide security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 25.4.2019 N.S.Rathour