Shailendra Kumar v. State of U. P. Thru Home Secy.
2015-09-17
ARVIND KUMAR MISHRA I, V.K.SHUKLA
body2015
DigiLaw.ai
JUDGMENT Heard learned counsel for the petitioners and learned AGA for the state. 2. Shailendra Kumar and three others are before us seeking quashing of the first information report dated 26.5.2015 registered as Case Crime No. 126 of 2015 under Sections 323/504/506/376-D IPC and under Section 4 of POCSO Act at police station Hathgaon, district Fatehpur. 3. We have the occasion to peruse the impugned first information report and as far as first information report is concerned it has been lodged by the mother of the prosecutrix namely Malti Devi and therein she has proceeded to allege the offence of rape with her daughter but in addition to the same we have proceeded to examine the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein she has clearly proceeded to disown the case of the prosecution. Once such is the factual situation and recording of statement under Section 164 Cr.P.C. also forms integral part of the ongoing investigation, in view of this, as there are allegations of rape and same has been disowned by the prosecutrix, same is subject matter of investigation and, as such, FIR cannot be quashed by this Court but we dispose of the present writ petition by directing that process of the investigation be concluded, in accordance with law, preferably within next four months from today and petitioners should cooperate with the investigation and shall not hamper the same and pursuant to the FIR dated 26.5.2015 registered as Case Crime No. 126 of 2015 under Sections 323/504/506/376-D IPC and under Section 4 of POCSO Act at police station Hathgaon, district Fatehpur, they may not be arrested till report is submitted under Section 173 (2) Cr.P.C. 4. With these observations/directions, writ petition is disposed of.