The Court dismissed a petition seeking to quash an FIR involving offenses against a minor girl under the POCSO Act. Finding a prima facie case made out, the Court declined to interfere with the investigation.
The petition challenging the FIR is dismissed; the FIR is to remain in force for investigation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P No. 1444 of 2016
Shankar Beldar son of Prabhu Deldar, resident of Modidih Colliery, P.O. Sijua, P.S. Tetulmari, District- Dhanbad, Jharkhand.
......... Petitioner.
Versus
. ... ... ... ...Opp. Parties.
CORAM : HON'BLE MR. JUSTICE ANANDA SEN. -----For the Petitioners : Mr. Suraj Deo Munda, Advocate. For the State : Mr. Sanjay Kr. Pandey, A.P.P.
02/16.03.2017: The petitioner is challenging the FIR in connection with Katras (Ram Kanali O.P.) P.S. Case no. 49 of 2016, corresponding to G.R. No. 871 of 2016 for the offence under Sections 342, 354(A), 354(B), 504, 506/34 of the Indian Penal Code and Sections 7/8/12 of POCSO Act.
Heard the counsel for the parties.
Learned counsel for the petitioner submits that from perusal of the entire FIR it appears that there is no allegation levelled against the petitioner and as such, the First Information Report may be quashed.
I have gone through the entire FIR and find that the petitioner, stopping the informant, who is a school going girl, aged about 13 years, abused her and threatened to malign her reputation in the society. From perusal of the FIR, this Court also feels that prima facie, a case is made out against the petitioner under the provision of POCSO Act, which needs to be investigated.
Since, the offence is made out, which needs to be investigated, I am not inclined to interfere with the investigation by quashing the FIR.
With the aforesaid observation, this petition is dismissed .
(ANANDA SEN , J)
Anu/-
3 issues framed by the court
Whether the First Information Report (FIR) in a case involving offences under the POCSO Act should be quashed when a prima facie case is made out.
Whether the court has the power to interfere with the investigation by quashing the FIR in a POCSO case.
Whether the allegations of abuse and threat against a school-going girl constitute an offence under the POCSO Act.
2 provisions across 2 enactments
Shankar Beldar
The State of Jharkhand
Kusum Kumari
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
