Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20312 of 2018 Petitioner :- Sunil Kumar Nishad @ Sonu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Karunesh Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.P.Singh, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 18.5.2018, registered as case crime No.95 of 2018, under Sections 354-A, 504, 506 I.P.C. and 7/8 POCSO act, P.S. Pipiganj, District Gorakhpur.
Learned counsel for the petitioners submits that the petitioner is a minor boy aged about 15 years and he has been falsely implicated in the present case with malafide intention. He further submitted that the offence in question is punishable with imprisonment below 7 years and it is not a heinous crime as per the definition of Juvenile Justice (Care & Protection of Children) Model Rules, 2016 .He further argued that the at the time of registering the FIR, the police officials have not followed the procedure of the Juvenile Justice (Care & Protection of Children) Model Rules, 2016. No offence is made out against the petitioner.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018/NS