Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4767 of 2018 Petitioner :- Aiysa Khatoon @ Asma Khatoon And 2 Others Respondent :- State Of U.P. Through Secretary Home And 2 Others Counsel for Petitioner :- Shahroze Khan Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Shahroze Khan, learned counsel for the petitioners, Sri I.P.Srivastava, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 27/28.12.2017 registered as Case Crime No.2396 of 2017, under Section 366 I.P.C., Police Station Dhebarua, District Siddharth Nagar.
Learned counsel for the petitioners submits that the petitioners minor son aged about 13 years has been kidnapped by the victim girl who is a major girl aged about 19 years as per the school certificate and both them have not been recovered. He further submits that a missing report was lodged by petitioner no.1 against respondent no.3 and his family members. He further submits that the allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 26.2.2018/NS