Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34544 of 2018 Petitioner :- Tasleem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Sanjay Srivastava, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
Learned counsel for petitioner is permitted to mention the Section 506 I.P.C. in place of Section 406 I.P.C. in the writ petition.
This writ petition has been filed for quashing the F.I.R. dated 29.06.2018 registered as Case Crime No. 792 of 2018, under Sections 354, 506 I.P.C. and 7/8 POCSO Act, Police Station- Khurja Nagar, District Bulandshahar.
A perusal of F.I.R. shows that F.I.R. discloses the cognizable offence as such it is not liable to be quashed. However, it is alleged that incident allegedly took place on 16.06.2018 and F.I.R. lodged on 29.06.2018. It is also alleged that petitioner has been falsely implicated in this case.
Learned counsel for the petitioner contended that no offence against the petitioner is disclosed. Present case has been filed with a malafide intention for the purposes of harassment. Petitioner has no criminal history except present case which was false.
In view of the above, writ petition is disposed of with the direction that petitioner shall not be arrested till the collection of credible evidence in Case Crime No. 792 of 2018, under Sections 354, 506 I.P.C. and 7/8 POCSO Act, Police Station- Khurja Nagar, District Bulandshahar.
Order Date :- 30.11.2018 Sharad/-