Court No. - 25 Case :- MISC. BENCH No. - 6130 of 2010 Petitioner :- Prince @ Satyam Singh Tomar Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Brijendra Singh Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
The present writ petition has been filed against lodging of First Information
Report relating to Case Crime No. 178 of 2010 under Sections 363 & 366 IPC
of P.S. Arwal, district Hardoi.
We have gone through the contents of the First Information Report.
Admittedly , the prosecutrix has not been recovered as yet. Moreover, since
the allegations made in the First Information Report disclose commission of
cognizable offence, as such, the same cannot be quashed.
However, considering the fact that the petitioner is a minor aged about 15
years 10 months old and is having a good academic career, we direct that the
he shall not be arrested in the above mentioned case crime number until
cogent and reliable evidence comes forward against him and which
culminates in the shape of police report under Section 173 Cr.P.C.
Subject to the above observations/directions, the petition is finally disposed
of.
Order Date :- 29.6.2010
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