Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5110 of 2018 Petitioner :- Shivam(Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sumit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 19.2.2018 which has been registered as Case Crime No.
30 of 2018, under Sections-354Ka IPC and Section 7/8 POCSO Act, police station Gadwar, district Ballia so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the father of the petitioner had lodged a first information report against the family of the victim and as a counter blast to the same, present proceedings has been initiated against the petitioner who is a minor, which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 faraz