Upendra Pradhan @ Akhilesh Singh Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 9334 of 2019

Petitioner :- Upendra Pradhan @ Akhilesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 26.03.2019 registered as Case Crime No. 63 of 2019 at P.S. Chakiya, District Chandauli, under Sections 354, 452 I.P.C. and section 3(1)(w)(i) SC/ST Act and section 7/8 Pocso Act.

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The allegations in the impugned first information report disclose that the informant's daughter was harassed by the accused.

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The contention of the learned counsel for the petitioner is that although the petitioner has been named in the first information report but from the allegations it appears that it was the co-accused Ankit Maurya who had harassed the informant's daughter.

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Be that as it may, as the allegations in the first information report disclose commission of cognizable offence, the prayer of the petitioner to quash the first information report cannot be accepted.

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However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.

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Order Date :- 12.4.2019

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Sunil Kr Tiwari

Upendra Pradhan @ Akhilesh Singh v. State of U.P. and 2 Others

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Upendra Pradhan @ Akhilesh Singh v. State of U.P. and 2 Others

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