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2023 Supreme(All) 610

ANJANI KUMAR MISHRA, NAND PRABHA SHUKLA
Prince Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Gopal Das Srivastava.

JUDGMENT :

1. Vakalatnama filed by Sri Rayoof Ali today on behalf of informant is taken on record.

2. Heard learned counsel for the petitioner and learned AGA.

3. The writ petition seeks quashing of the F.I.R. dated 13.3.2023 giving rise to Case Crime No. 63 of 2023, under Sections 376-D, 506 I.P.C. and Section 5/6 POCSO Act, Police Station Sonha, District Basti.

4. The contention of learned counsel for the petitioner is that the FIR is belated by 15 days and the accused belong to different localities. It is further submitted that respondent no. 4 had enforced upon regarding which a complaint made by petitioner and hence the fabricated FIR has been lodged.

5. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

6. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is r

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