Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24220 of 2019 Petitioner :- Rajendra Singh Maan Pricipal Chaudhary Charan Singh Inter College Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 30th September, 2019 registered as Case Crime No.0809 of 2019, under Sections 354 IPC and Section 7/8 Pocso Act at Police Station Baghpat, District Baghpat.
The contention of learned counsel for the petitioner is that although the allegations may disclose commission of cognizable offence but the victim has clearly stated in her statement recorded under Section 164 CrPC that no such incident had occurred and the first information report was lodged at the instigation of her fellow students. It has been contended by learned counsel for the petitioner that the petitioner is a responsible person; he is Principal of the institution; and that he has been falsely implicated and the police is unnecessarily harassing the petitioner even though the victim has clearly specified in her statement that the allegations are not correct.
Be that as it may, as the allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case including the statement of the victim recorded under Section 164 CrPC, which has been brought on record as Annexure-'3' to the petition, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioner shall not be arrested provided he co-operate in the investigation.
Order Date :- 28.11.2019. Rks.