Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4500 of 2019 Petitioner :- Noman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajiv Lochan Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajiv Lochan Shukla for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 4.11.2018 (registered as Case Crime No. 358 of 2018), u/s 377 I.P.C. and Section 5, 6 of Protection of Children from Sexual Offences Act 2012, P.S. Dudhara, district Sant Kabir Nagar.
In substance, allegation in the F.I.R. has been made that on 3.11.2018, at 3 p.m., son of the informant Abdul Rahman, aged about 7 years was taken by the accused Noman on his motorcycle to Kododhiya Gaddha, where he had committed unnatural sex with him. Thereafter, he terrorized the informant and asked to take Rs. 5,000/- and compromise with him.
Counsel for the petitioner submits that statement of Abdul Rahman (the victim) was recorded u/s 164 Cr.P.C. on 17.11.2018, in which, he did not support the prosecution version, as stated in the F.I.R.
In view of the statement of victim, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 4.11.2018 (registered as Case Crime No. 358 of 2018), u/s 377 I.P.C. and Section 5, 6 of Protection of Children from Sexual Offences Act 2012, P.S. Dudhara, district Sant Kabir Nagar, till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
Order Date :- 21.2.2019 Jaideep/-