Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4496 of 2018 Petitioner :- Smt. Krishna And 3 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praneet Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Praneet Kumar Srivastava, learned counsel for the petitioners, learned A.G.A. for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 201 of 2016 pending investigation at Police Station Bhavanpur, District Meerut pertaining to offence punishable under Sections 323,354 I.P.C. and 7/8 of POCSO Act.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 3-Station House Officer, Police Station Bhavanpur, District Meerut not to arrest the petitioner- Smt. Krishna, Parmal, Rahul and Jagpal in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 22.2.2018 BKM/-
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(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)