Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8076 of 2021 Petitioner :- Parvej Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioners are seeking quashing of the first information report dated 06.08.2021 registered as Case Crime No.0167 of 2021, under Sections 376, 313, 506, 120B I.P.C. and 5/6 POCSO Act, P.S.- Sonha, District- Basti.
Seeking for quashing of the first information report, it is contented by the learned counsel for the petitioner that the petitioner has been falsely implicated being a neighbour and acquaintance of the victim/ girl. At no point of time, the petitioner has any relationship with the victim/ girl. There is delay in lodging the first information report and the genesis of the incident is something else.It is further contended that the victim girl has refused to get herself medically examined.
Having perused the averment in the writ petition and the supplementary affidavit, it is noteworthy that the statement of the victim/ girl under Section 164 Cr.P.C. as per own assertion of the petitioner herein has been recorded. It is not known as to whether the victim/ girl has supported the case of the prosecution.
Even otherwise, looking to the gravity of the offence as alleged in the first information report, no interference can be made on the ground that the allegations in the first information report are false, inasmuch as, the truth of the allegations cannot be ascertained within the scope of Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed. Order Date :- 30.9.2021 Radhika