Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26224 of 2019 Petitioner :- Rohit Respondent :- State Of U.P. And Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Only contention of learned counsel for the petitioner is that the allegations made in the first information report dated 14.11.2019 in Case Crime No.382 of 2019 registered under Sections 452,3 76, 504, 506 I.P.C. and 3/4 of POCSO Act are false. The petitioner has filed an application under Section 156(3) Cr.P.C. on 25.09.2019 against the son of respondent No.3. However, no order could be passed on the same. As a counter blast, respondent No.3 moved an application under Section 156(3) Cr.P.C. on 14.10.2019 wherein the competent Magistrate has passed an order for lodging of the first information report, which is under challenge in the present petition.
Having perused the assertion in the first information report and averments in the writ petition, this Court finds that no case is made out for quashing of the first information report. It cannot be said that the first information does not disclose commission of a cognizable offence.
No case is made out for interference. The writ petition is accordingly, dismissed.
The petitioner may move a proper bail application as and when the occasion arise. In case the petitioner apply for bail, the same shall be considered in accordance with law, expeditiously as possible.
Order Date :- 20.12.2019 Nitin Verma