Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5171 of 2018 Petitioner :- Naurang Singh @ Ankit @ Chhotu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Prashant Pandey, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 4.1.2018 registered as Case Crime No.6 of 2018, under Sections 363, 366 I.P.C. and Section 7/8 POCSO Act, Police Station Dannahar, District Mainpuri.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that as per the FIR, the victim is aged about 17 years, who is said to have enticed away the co-accused Akash and the petitioner being resident of the same village where the co-accused Akash resides, has been falsely implicated in the present case.The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR ber qauashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018/NS