Uttarakhand High Court
WPCRL/1301/2022 on 8 July, 2022
Author: S.K. Mishra
Bench: S.K. Mishra
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WPCRL No. 1301 of 2022
Hon'ble S.K. Mishra, J.
Mr. Gaurav Singh, the learned counsel for the petitioners.
Mr. P.S. Uniyal, the learned Brief Holder for the State.
Mr. Abhishek Verma, the learned counsel for the caveator.
Heard.
This is an application under Article 226 of the Constitution of India, seeking quashing of the FIR lodged against the petitioners, bearing FIR No. 0280 of 2022 dated 19.06.2022 registered at P.S. Pathri, District Haridwar.
The offences, as mentioned in the FIR, are under Sections 452, 376, 506 of the Indian Penal Code and under Section 3A/4 of the Protection of Children from Sexual Offences Act, 2012. Admittedly, the present petitioners have not committed the offence under Sections 452 and 376 of the Penal Code or offence under Section 3A/4 of the POCSO Act. However, a prima facie, case under Section 506 IPC is made out against the petitioners. Though, this Court is not inclined to hold that no case is made out against the petitioners and the FIR should be quashed, it is of the view that there is no allegation as yet by the prosecutrix or the informant that the accused person had committed house trespassed and offence of rape etc or they have abated the main offender Ashul Hence, this Court dispose of the writ petition with an observation that the police should proceed by strictly following the requirement laid down under Section 41 of the Code, as far as the petitioners are concerned.
The wit petition stands disposed of accordingly.
Urgent certified copy be provided as per Rules.
(S.K. Mishra, J.) 08.07.2022 PV