Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25838 of 2019 Petitioner :- Vishal (Minor) And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12th November, 2019 registered as Case Crime No.187 of 2019, under Sections 354-A, 452, 323, 504 and 506 IPC and Section 7/8 Pocso Act at Police Station Dubauliya, District Basti.
The allegations made in the impugned first information report disclose commission of cognizable offences therefore the prayer of the petitioners to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioners submitted that all the three petitioners are minor and therefore they are entitled for protection.
In case the petitioners are minor, they may take the plea of juvenility at the appropriate stage before the appropriate forum but that cannot be a ground to quash the first information report.
Subject to above, the petition is dismissed. It is made clear that this court has not expressed any opinion as regards the claim of juvenility set up by the petitioners.
Order Date :- 18.12.2019. Rks.