Criminal Misc. Writ Petition challenging the First Information Report registered under IPC and POCSO Act. The court examined medical reports indicating injuries were found, negating the claim that no injury was caused, and consequently quashment was not warranted.
Petition dismissed with liberty to the petitioners to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8901 of 2019
Petitioner :- Vivek And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report 12.03.2019 registered as Case Crime No. 0043 of 2019 at P.S. Chhata, District-Agra, under Sections 147, 354 (Gha), 323, 504, 506 I.P.C. and section 3/4 Pocso Act.
The allegations in the impugned first information report are that the informant's daughter (Sweety), who is aged 16 years, has been harassed by accused-Vivek (petitioner no.1) and when a complaint was made to the parents of the accused, the informant party was assaulted.
The petitioners had claimed that it was a case where no injury was caused to the informant's side and, therefore, we, by our order dated 09.04.2019, required the learned A.G.A. to seek instructions from the police station concerned.
A short counter-affidavit has been filed annexing therewith the medical examination reports of the informant and her husband.
The medical examination reports reveal that they were examined for their injuries and injuries were found.
In view of the above, it cannot be said, at this stage, that the allegations have no basis.
Under the circumstances, no case to quash the first information report is made out.
The petition is dismissed with liberty to the petitioners to apply for bail.
Order Date :- 17.4.2019 Sunil Kr Tiwari
2 issues framed by the court
Whether the allegations in the First Information Report (FIR) having no basis seeking quashment of the FIR under the POCSO Act and IPC.
Whether the presence of injuries in medical reports affects the threshold for quashing the FIR.
5 provisions across 1 enactments
Vivek And 4 Others
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
