Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4463 of 2018 Petitioner :- Uttam Tyagi Respondent :- State Of U.P. Through Principal Secretary Home, Secretariat Lucknow And 3 Others Counsel for Petitioner :- Rakesh Kumar Pandey,Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioner, learned A.G.A for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 31 of 2018 pending investigation at Police Station Kotwali, District Bareilly pertaining to offence punishable under Sections 376, 504, 506 IPC and Section 8 of Prevention of Children from Sexual Offences Act, 2012 and Section 3(2)V of SC/ST Act, 1989.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
Having considered the facts stated in the first information report, we do not find any just reason to quash the same as that discloses prima facie commission of an offence cognizable. The writ petition is dismissed accordingly.
Order Date :- 22.2.2018 Sumit S .
(Rajiv Lochan Mehrotra, J.) (Govind Mathur, J.)