Suneeta And Ors. vs The State Of U.P Thru Principal ...
2015 Latest Caselaw 1649 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 7069 of 2015
 

 
Petitioner :- Suneeta And Ors.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Vijay Kumar Verma,Vinod Kumar Tripathi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Ashok Pal Singh,J.

1.The petition seeks issuance of a writ in the nature of Certirorari quashing First Information Report dated 22-07-2015 bearing Case Crime No. 400 of 2015, under sections 354-A(5), 354-D, 323, 504,506 Indian Penal Code & 7/8 Prevention of Children from Sexual Offences (POCSO) Act, Police Station-PGI, District-Lucknow.

2. None appears on behalf of the petitioners.

3. We have gone through the allegations made in the First Information Report.

4. It has been alleged that petitioner no. 4, Shubham, used to stalk the prosecutrix.   The prosecutrix had to cover her face to move about, so that accused was unable to take her photograph. The prosecutrix thereafter reported the matter to her parents. When the parents of the prosecutrix approached the parents of petitioner no. 4, they were abused.

6. We do not find any ground to quash the First Information Report, particularly because incidents of such nature are increasing day by day.

7. However, considering the fact that offence committed by the petitioners entails a sentence of upto seven years, the Investigating Agency is directed to comply with the provisions of Section 41-A of the Code of Criminal Procedure as directed by Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

7. With the aforesaid observations, the writ petition is dismissed.

Order Date :- 6.8.2015

AKS