Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24175 of 2019 Petitioner :- Ravindra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwini Kumar Srivastava,Naily Chaudhary 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 No. 1 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 2.9.2019, registered as Case Crime No. 319 of 2019, at P.S. Chhapar, District Muzaffar Nagar, under Sections 363, 376 I.P.C. and 3/4 POCSO Act.
The allegation in the impugned first information report is that the informant's minor daughter Priyanka, aged about 14-15 years, has been enticed away by accused Kallu.
It appears from the record that the victim was recovered and her statement was recorded under Section 164 Cr.P.C. In her statement under Section 164 Cr.P.C. she has levelled allegations that she has been sexually assaulted.
Learned counsel for the petitioner has submitted that the allegation of sexual assault is only against co-accused Kallu and the petitioner has been named in the statement under Section 164 Cr.P.C. only as a person involved without any specific detail.
As the allegations disclose commission of cognizable offence and the victim is also alleged to have been raped, the matter would have to be investigated and the investigation would have to be brought to its logical conclusion. Therefore, prayer of the petitioner to quash the investigation or first information report even against him cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 28.11.2019 Vandana