Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17195 of 2019 Petitioner :- Muneesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 11.2.2019 registered as Case Crime No.0028 of 2019 under Sections363, 366 I.P.C. and Section 7/8 POCSO Act, PS- Gabhana, District Aligarh.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 25.6.2019 Jyotsana