Disposed

Rajitram and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

Allahabad HC5 Dec 2024CRLP/9178/2024

Case brief

AI extract

What is this about?

This order considers a writ petition seeking quashing of an FIR alleging rape under the POCSO Act. The court noted the lack of medical evidence and treated the FIR as false. An interim stay on arrest was granted pending investigation.

What did the court decide?

Interim stay on arrest of petitioners granted; counter affidavit requested; case listed after four weeks.

Rajitram and 2 Others vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9178 of 2024

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Petitioner :- Rajitram And 2 Others

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Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Ashutosh Bajpai Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned Counsel for the petitioners and learned A.G.A. for the State-opposite parties.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 14.11.2024 bearing F.I.R./Case Crime No. 0809 of 2024, under Sections 70(2) and 115(2) B.N.S., 2023 and Section 3/4 POCSO Act, 2012, registered at Police Station Khairighat, District Bahraich.

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The submission of learned Counsel for the petitioners is that the petitioners are innocent and have been falsely implicated in the present case. On 30.09.2024 a minor incidence took place between the petitioners and the informant/complainant, who are neighbors for which an FIR was lodged on 01.10.2024 by the petitioner No.3 which was registered as Case Crime No. 730/2024 under Section 115(2), 352, 351(2) of B.N.S., 2023 at Police Station-Khairighat, District-Bahraich. Thereafter, an application under Section 173(4) of B.N.S.S., 2023 was moved by the informant/complainant on 10.10.2024 before the concerned Magistrate for lodging of the present FIR. The allegation is that the petitioner No.1 and 2 committed rape upon a minor girl aged about 14 years, however, neither alongwith application under Section 173(4) of B.N.S.S., 2023 nor later any treatment report of the minor girl is submitted, the first medical examination took place on 16.11.2024, therefore, the entire prosecution story is false and concocted and the FIR has been lodged only to create pressure on the petitioners.

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Therefore, a case for consideration is made out.

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Issue notice to opposite party no. 3.

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Office shall submit service report by affixing computer generated tracking report.

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Let counter affidavit be filed within four weeks.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.

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[Om Prakash Shukla, J.] [Vivek Chaudhary, J.]

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Order Date :- 5.12.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rajitram and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

Case brief

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Rajitram and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

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