Navneet Shukla Alias Vipul v. State Of U. P. Thru. Prin. Secy. Home
2020-09-22
JASPREET SINGH, PANKAJ KUMAR JAISWAL
body2020
DigiLaw.ai
JUDGMENT : 1. Heard Sri Vijay Kumar Tiwari, learned counsel for the petitioner and learned AGA for the respondents/State. 2. By means of this writ petition, the petitioners have prayed for quashment of the impugned First Information Report dated 12.06.2020 registered as Case Crime No. 210 of 2020, under Sections 363, 504, 506, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Itaythok, District Gonda. 3. On 23.07.2020, a Co-ordinate Bench of this Court has passed the following interim order: "Heard Sri Vijay Kumar Tiwari, learned counsel for petitioner, learned A.G.A. and perused the record. Issue notice to respondent No. 4. By means of present writ petition, the petitioners has prayed for quashing of impugned First Information Report dated 12.06.2020 bearing its Case Crime No. 210 of 2020 under Section 363, 504, 506, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Itaythok District - Gonda. Learned counsel for petitioners submits that aforesaid case has been registered only to harass the petitioners with oblique motive and purpose as the impugned F.I.R. has been lodged against the petitioner on teh basis of concocted, false and fabricated story only in order to down the image of the petitioner as there is previous enmity between the parties, as such, the arrest of the petitioner pursuance to the impugned F.I.R. may be stayed. Accordingly, keeping in view the facts and record and after hearing learned counsel for parties, as an interim measure, we provide that till the next date of listing or till the filling of the police report under Section 173(2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R. number. However, the petitioner will co-operate with the investigation and also recovery of case property, if any. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter." 4. Learned AGA, on the basis of instructions, has submitted that though as per mark-sheet, the date of birth of prosecutrix is 08.02.2003, whereas as per medical report (ossification report), age of the prosecutrix is between 18 to 19 years, at the time of occurrence of the incident. He further submits that investigation is going on and if the petitioner co-operates, the investigation of the case will be completed within three months from today. 5.
He further submits that investigation is going on and if the petitioner co-operates, the investigation of the case will be completed within three months from today. 5. Considering the aforesaid, it will not be gainful to keep this petition pending, hence, we dispose of the instant writ petition in the light of the interim order dated 23.07.2020.