Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 523 of 2019 Petitioner :- Umesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Sri Sudhir Kumar Agrawal for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 13.12.2018 registered as Case Crime No.889 of 2018, under Section 377 IPC and Section 3/4 of Pocso Act, P.S. Kosi Kalan, District Mathura.
The allegations in the first information report, which has been registered on an application under Section 156(3) Cr.P.C. dated 01.11.2018, are to the effect that the minor son of the informant was taken away by the accused and subjected to unnatural offences. And they were spotted by one Mohan Shyam. It is alleged that informant's son has also suffered injuries. Injury report is also there as Annexure No.3 disclosing multiple injuries.
The contention of the learned counsel for the petitioners is that the first information report is highly belated and that there was previous enmity between the informant and the petitioner and therefore the petitioners have been falsely implicated.
It is well settled that the correctness of the allegations made in the first information report, ordinarily, are not to be tested in writ jurisdiction, particularly, at the stage of investigation.
As the allegations disclose commission of cognizable offences and there appear injuries also on the body of the victim, no case for quashing the first information report or to interfere with the investigation is made out. The petition is dismissed.
Order Date :- 21.1.2019 AKShukla/-