Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3871 of 2021 Petitioner :- Suryabhan And 4 Others Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard counsel for the petitioners, learned A.G.A. for the respondents No. 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report dated 08.03.2021 lodged by the respondent No.3 in Case Crime No. 0102 of 2021 at P.S. Ghatampur, District Kanpur Nagar, under Sections 147, 406, 377, 354A, 392, 323, 504, 506 IPC and Sections 5m/6 of the POCSO Act.
The allegations in the impugned first information report are in two parts. The first part relates to certain incidents which took place in the State of Kerala. The second part relates to certain incidents that took place in village within the State of Uttar Pradesh.
The allegations made in the impugned first information report indisputably disclose commission of cognizable offence.
The contention of the learned counsel for the petitioners is that there is no legal justification to lodge first information report in the State of Uttar Pradesh in response to certain incidents that allegedly took place within the State of Kerala.
Once a cognizable offence is disclosed by the first information report, the police is under statutory obligation to register the first information report. In case, the offence is not found to be committed within the jurisdiction of the police station concerned, the police station concerned can forward the first information report to the concerned police station but as in the case we find from the first information report that certain incidents occurred within the territorial jurisdiction of police where the first information report has been registered, the prayer of the petitioners to quash the first information report cannot be accepted.
This petition is therefore dismissed without prejudice to the right of the petitioners to apply bail or anticipatory bail as may be advised.
Order Date :- 27.5.2021 piyush Digitally signed by Justice Manoj Misra Date: 2021.05.28 10:50:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 10:59:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad