Ravi Kumar v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16926 of 2023 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. The instant petition seeks quashing of the impugned F.I.R. dated 24.03.2023giving rise to Case Crime No. 73 of 2023, under Sections 363, 366, 376 IPC, and section 3/4 POCSO Act, Police Station Radha Nagar, District Fatehpur. The contention of learned counsel for the petitioner is that he is not named in the first information report. In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition. In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge. The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 30.10.2023 Bhanu High Court of Judicature at Allahabad