Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24165 of 2019 Petitioner :- Punit Kumar Tiwari @ Punit (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned A.G.A. for respondents 1 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 17.7.2019, registered as Case Crime No. 169 of 2019, P.S. Thariyaon, District Fatehpur, under Sections 452, 354 I.P.C. and 7/8 POCSO Act.
The allegations made in the first information report disclose commission of cognizable offence and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioner submits that allegations are false and, in fact, the petitioner is a minor.
Be that as it may, it is always open for the petitioner to claim his juvenility at appropriate stage but on that ground the first information report cannot be quashed at this stage.
The petition is dismissed without prejudice to the right of the petitioner to claim for juvenility or apply for bail as may be advised.
Order Date :- 26.11.2019 Vandana