Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34344 of 2018 Petitioner :- Ravi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Pratap Singh,Jayant Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for petitioner and A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 18.10.2018 registered as Case Crime No. 0870 of 2018, under Sections 354 I.P.C. & 7/8 POCSO Act, Police Station - Barra, District Kanpur Nagar.
A perusal of F.I.R. shows that on 18.10.2018 at 11:00 a.m. Sapna aged about 14 years daughter of informant Maya, was sent to purchase ration. In the way, Rahul and Ravi met her and given lift to her on the scooty. When they were trying to molest her, at the same time informant Maya reached there and the accused fled away. Thus, F.I.R. discloses cognizable offence and it is not liable to be quashed at this stage.
Counsel for the petitioner submits that petitioner has been falsely implicated in this case due to reason that informant has taken some money from Rahul and was avoiding to return it. The allegation that the informant has sent to his daughter for purchasing the ration at the same time, she also reached on the spot, which is highly improbable. Petitioner has no criminal antecedents.
As such the writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 0870 of 2018, under Sections 354 I.P.C. & 7/8 POCSO Act, Police Station - Barra, District Kanpur Nagar till the submission of report by Investigating Officer under Section 173 (2) Cr.P.C.
Order Date :- 29.11.2018 Sharad/-