Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4981 of 2018 Petitioner :- Abdul Mateen @ Abdul Moteen And 3 Others Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Imran Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Imran, learned counsel for the petitioner, Sri R.K. Mishra, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 9.2.2018 registered as case crime no. 10 of 2018 under sections 363, 366 I.P.C., police station Lotan, District Siddharath Nagar.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged against petitioner nos. 1, 3 and 4 under sections 363, 366 I.P.C. and 7/8 POCSO Act which was registered as case crime no. 1714 of 2017 at police station Lotan, District Siddharthnagar copy of which has been annexed at page-23 of the present petition and the said F.I.R. the victim was recovered and her medical examination was conducted and as per the medical report she was found to be major aged about 19 years. Thereafter the victim again came to petitioner no. 1 and started living with him, hence the impugned F.I.R. has been lodged by respondent no. 4 which is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz