Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33969 of 2018 Petitioner :- Vinay Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.K. Sinha Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.9.2018 registered as Case Crime No. 213 of 2018, under Sections 363, 366 and 7/8 POCSO Act, P.S.- Ahmadgarh, District- Bulandshahar.
It has been submitted by the learned counsel for the petitioner that as per her ossification test report, the prosecutrix Hina is major and she in her statement recorded under Section 164 Cr.P.C. (Annexure No.2) has failed to support the prosecution hence, no cognizable offence is made out against the petitioner. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 AK Pandey