Kisundev @ Sanni and Another v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others

Allahabad HC19 Jul 2024CRLP/5080/2024

Case brief

AI extract

What is this about?

This brief order records an application to withdraw a writ petition for quashing an FIR related to POCSO and IPC offences. The court passes an interim order protecting the petitioner from arrest until the next hearing, provided he cooperates with the investigation.

What did the court decide?

Petitioner No.1 shall not be arrested till the next date of listing unless sufficient evidence exists, provided he cooperates with the investigation.

Kisundev @ Sanni and Another vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5080 of 2024 Petitioner :- Kisundev @ Sanni And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others

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Counsel for Petitioner :- Geeta Mishra,Ambrish Kumar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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At the outset, learned counsel for the petitioners prays to withdraw the present writ petition on behalf of petitioner No. 2 and press the same only on behalf of petitioner No.1. He is permitted to delete the name and details of petitioner No.2 during course of the day.

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Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.

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This writ petition has been filed with following main prayer:-

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"(i) issue a writ, order or direction in the nature of Certiorari for quashing the impugned FIR dated 26.06.2024 bearing Case Crime No.0218 of 2024, under Sections 376 (3), 452, 504, 506 I.P.C. and Section 3/4 (2) POCSO, Act, Police Station Nawabganj, District Gonda.

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ii) issue a writ, order or direction in the nature of Mandamus, commanding and directing the responsible authorities not to arrest the petitioner on the basis of the impugned FIR."

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So far as petitioner No.1, who is the father of the main accused, is concerned, learned counsel for the petitioner submits that only the role on behalf of petitioner No.1 is that he requested the family members of the victim not to lodge the FIR of the incident.

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Learned AGA on instructions states that the victim has not taken the name of petitioner No.1 in her statement.

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A case for consideration is made out.

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Let notice be issued to opposite party No. 5 to be served through S.H.O. concerned.

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All the respondents are accorded three weeks time to file counter-affidavit. One week's thereafter is allowed for filing rejoinder affidavit.

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List this case after four weeks.

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Considering the submission made, it is provided that petitioner No.1 shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner No.1 shall cooperate in the investigation, which shall go on. If, he does not do so, then it can be made a ground for seeking vacation of this interim order.

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Order Date :- 19.7.2024 Reena/-

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Kisundev @ Sanni and Another v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others

Case brief

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What did the court decide?

Kisundev @ Sanni and Another v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others

Case brief

What is this about?

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