Uttarakhand High Court
Amandeep Sandhu & Another vs State Of Uttarakhand & Others on 3 December, 2014
Author: Alok Singh
Bench: Alok Singh
WPCRL No. 1460 of 2014 Hon'ble Alok Singh, J.
Mr. R.P. Nautiyal, Sr. Advocate assisted by Mr. B.S. Koranga, Advocate for the petitioners.
Mr. R.K. Sah, Deputy Advocate General for State of Uttarakhand/ respondents no. 1 and 2.
An FIR / case crime no. 27 of 2014 under Section 377, 511 IPC read with Section 3, 4, 18 of the Protection of Children from Sexual Offences Act, 2012 was got registered with police station Tallital District Nainital against some unknown persons; accused Akash Mandal has already been arrested by the police in connection with FIR / case crime no. 27 of 2014; meanwhile, Investigating Officer issued notice to the Principal and Hostel Warden of Sherwood College, Nainital - petitioners herein, under Section 41A of Cr.P.C. informing them that cognizable offence punishable under Section 21 of the POCSO Act is made out against them.
Learned counsel for the petitioners submits that since FIR was promptly registered by the father of the victim, therefore, for the same offence, there was no need for the petitioners to inform the police again. Moreover, there was no mens rea on the part of the petitioners to conceal this aspect from the police. Consequently, no offence under Section 21 of the POCSO Act could be said to have been made out against the petitioners.
Mr. R.K. Sah, Deputy Advocate General for State of Uttarakhand seeks and is granted two weeks'time to file counter affidavit.
Issue notice to respondent no. 3 by registered post AD in addition to normal mode of service returnable within three weeks.
In the peculiar facts and circumstances of the case, I direct that petitioners shall not be arrested pursuant to the FIR, in question as well as impugned notices issued by the Investigating Officer under Section 41A of the CrPC till further orders of this Court.
CLMA No. 13753 of 2014 stands disposed of accordingly.
(Alok Singh, J.) 03.12.2014 SKS