Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25975 of 2019 Petitioner :- Sonu (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 18.09.2019 registered as Case Crime No. 0277 of 2019 at P.S. Maharajganj, District- Jaunpur, under Sections 354(B), 504, 506 I.P.C.
The allegations made in the impugned first information report clearly disclose commission of cognizable offence and from the statement of the victim recorded under Section 164 Cr.P.C. the gravity of the offence has even increased.
Under the circumstances, the prayer of the petitioner to quash the first information report on the ground that he is a minor cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to claim juvenility.
It is made clear that this court has not expressed any opinion that the petitioner is a juvenile.
Order Date :- 20.12.2019 Sunil Kr Tiwari