RAGHAV MINOR AND ANOTHER v. STATE OF UP AND 2 OTHERS
CRLP/7287/2025 · 2025-04-16
Mahesh Chandra Tripathi, Prashant Kumar
body2025
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[ 2025 DAILYLAW 40611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40611 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56497-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7287 of 2025 Petitioner :- Raghav Minor and another Respondent :- State of UP and 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Ram Raj Pandey, learned counsel for the petitioners; learned A.G.A. for the State respondent nos.1 and 2 and Sri Shashi Kumar Tiwari, learned counsel for the respondent no.3 (informant).
2. The instant writ petition has been filed with a prayer to quash the impugned First Information Report dated 16.02.2025 registered as Case Crime No.51 of 2025 under Sections 65 (1), 62, 76, 115 (2) of B.N.S. and Section 3/4 (2) of POCSO Act, Police Station Jhijhana, District Shamli. Further prayer has been made not to arrest the petitioners in the aforesaid case.
3. Learned A.G.A.-I, on the instructions, states that during the investigation, Sections 65 (1) BNS and Section 3/4 of POCSO Act have been deleted and Section 351 (2) BNS and Section 7/8 of POCSO Act have been added. The complicity of the first petitioner had been found and accordingly, the police report had been submitted before the competent court. So far as the second petitioner is concerned, his complicity was not found and accordingly, he has been exonerated in the instant matter.
4. Learned counsel for the petitioners states that the parties have already resolved the dispute amicably. He has confined his prayer for issuing direction to the police authorities to follow the mandate of Section 41A Cr.P.C. for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment.
5. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 17.4.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad