Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11489 of 2019 Petitioner :- Vikas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Trivedi,Pradeep Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 5th April, 2019 registered as Case Crime No.0174 of 2019, under Sections 452, 354 and 323 I.P.C. and Section 7/8 Pocso Act at Police Station Mawana, District Meerut.
The allegation levelled in the impugned first information report discloses commission of cognizable offences. The claim of the petitioner is that he is a minor and therefore he is entitled to protection of Juvenile Justice Act.
Be that as it may, whether the petitioner is a minor or not would have to be determined when the claim is raised by the petitioner before the appropriate forum at the appropriate stage, therefore the petitioner is at liberty to raise the claim of juvenility before the appropriate forum.
With the aforesaid liberty, without expressing any opinion on the merits of the claim as to whether the petitioner is a minor or not, this petition is disposed off.
Order Date :- 30.4.2019. Rks.