Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2941 of 2021 Petitioner :- Raj Kumar Alias Veeroo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram, Naseem Ahamad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through Video Conferencing.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondents not to take coercive action against the petitioner in pursuance of first information report dated 07.12.2019 in Case Crime No.541 of 2019, under Sections 363, 366 I.P.C. and 3(1)(Gha) SC/ST Act, Police Station Roora, district Kanpur Dehat.
The first information report of the matter was lodged way back on 07.12.2019 by the mother of the victim, namely, respondent no.4, Smt. Ramakanti. The accused seems to have not been arrested so far. Prima-facie, it appears that the mother of the victim on apprehension has lodged the first information report which stands falsified by the reasoned affidavit filed by so called victim of the incident in her affidavit dated 16.03.2021, which she has sent to the Superintendent of Police, Kanpur Dehat. The police authorities shall look into the affidavit and the investigation and take a fresh stand in the matter as it appears that the first information report also prima-facie does not disclose any offence against the petitioner under Section 3(1) X SC/ST Act. The petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C.
We do not quash the first information report at this stage as we are not aware that what is the stage of investigation and the charge sheet may already be laid as it is a matter is of the year 2019.
Prima-facie it appears that as per High School Certificate the date of birth of the victim is 03.04.1998, which means that at the time of incident the victim was major. This aspect will also be looked into by the police authorities and if charge sheet has been filed in the trial court than the trial court will also consider the age of the alleged victim while taking the cognizance.
With this observation, this writ petition stands disposed of.
Order Date :- 5.5.2021 R./Faridul