Vishal Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 2856 of 2019

Petitioner :- Vishal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brahma Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.

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Heard learned counsel for the petitioner, learned AGA for the Staterespondents and perused the record.

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Instant writ petition seeks quashing of the FIR dated 18.11.2018, registered as Case Crime No. 347 of 2018, under Sections 452, 354, 354B, 506 IPC and Section 7/8 of POCSO Act, at P.S. Bahsuma, District Meerut.

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Allegation in the FIR, which has been lodged by the victim, is that the petitioner (accused) is a neighbour of the informant and has been regularly teasing and passing indecent comments upon her; and on 13.11.2018 at about 1.30 p.m., he entered the house of the informant and tried to force himself upon her and when she raised alarm, he also assaulted her as well as other inmates of the house.

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Learned counsel for the petitioner has sought to argue that the petitioner has been falsely implicated and that the informant (victim) is not a minor.

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The aforesaid contention of the learned counsel for the petitioner cannot be accepted as a ground to quash the FIR because at this stage, the allegations are to be take on the face value. Further, it is well settled that defence of the accused is not to be considered at this stage.

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As the FIR discloses commission of cognizable offence, prayer of the petitioner to quash the FIR or to interfere with the investigation cannot be accepted. In respect of the contention that the victim is not a minor, therefore, offence punishable under the POCSO Act would not be made out, it is observed that the Investigating Officer is expected to verify the said aspect before submitting the police report.

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Subject to above, the writ petition is dismissed.

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Order Date :- 1.2.2019 RavindraKSingh

Vishal v. State of U.P. and 2 Others

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Vishal v. State of U.P. and 2 Others

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