Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 16938 of

2020

Petitioner :- Poonam Kumari @ Poonam Devi

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Abhishek Kumar

Counsel for Respondent :- G.A.,Sanjay Kumar Singh

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ram Krishna Gautam,J.

Heard learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed praying for the following

reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari to

quash the impugned first information report dated 29.6.2019

(annexure No. 1 to the writ petition) relating to Case Crime NO.

346 of 2019, under Sections 363, 366, 368, 376, 370-A, 120-B

of I.P.C. & 3, 4, 7, 8 of Protection of Childern from Sexual

Offences Act, 2012, read with Section 3(2)(V) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act

1989, Police Station Kotwali, District Jaunpur.

(ii) Issue a writ, order or direction in the nature of mandamus

restraining the respondents from arresting the petitioner in

pursuance of impugned first information report dated 29.6.2019

(annexure No. 1 to the writ petition) relating to Case Crime NO.

346 of 2019, under Sections 363, 366, 368, 376, 370-A, 120-B

of I.P.C. & 3, 4, 7, 8 of Protection of Childern from Sexual

Offences Act, 2012, read with Section 3(2)(V) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act

1989, Police Station Kotwali, District Jaunpur."

Perusal of the impugned first information report prima facie

reveals commission of cognizable offence. Therefore, in view

of the law laid down by Hon'ble Supreme Court in the case of

State of Haryana and others vs. Bhajan Lal and others,

1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure

Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no

case has been made out for interference with the impugned first

information report.

Therefore, the writ petition is dismissed leaving it open for the

petitioner to apply before the competent court for bail as

permissible under law and in accordance with law.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad,

self attested by the petitioner alongwith a self attested identity

proof of the said person (preferably Aadhar Card) mentioning

the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court Allahabad and shall make a

declaration of such verification in writing.

Order Date :- 8.9.2021

Kamarjahan