Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 10659 of 2019 Petitioner :- Akash Narang Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anuj Chaudhary,Salil Kumar Srivastav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; Sri Dhiraj Kumar Pandey for the respondent no.4; and perused the record.
The instant petition seeks quashing of the FIR dated 03.04.2019 registered as Case Crime No. 238 of 2019 at P.S. Sadar Bazar, District-Saharanpur, under Section 363 I.P.C.
The allegation in the impugned first information report, which has been lodged by the respondent no.4, is that informant married Rohit Narang, the brother of the petitioner, on 22.02.2016. Out of her marriage, she has a two year old child, named, Virat. It is alleged that about eight months before, her in-laws started harassing the informant as a consequence of which, she shifted to her parents house. It is alleged that on 20.03.2019, Akash Narang (informant's dewar) came and forcibly took away informant's minor son Virat. It is alleged that, despite demand, her son has not been returned. It is alleged that forcible abduction of her son is captured in CCTV footage of a nearby shop, named, Shashi Cosmetics.
On 23.04.2019, it appears, a statement was made by the learned counsel for the petitioner that there is family dispute between the parties and the petitioner is ready to return the child.
On the aforesaid statement of the learned counsel for the petitoiner, on 23.04.2019, following order was passed:-
"Learned counsel for the petitioner submits that there is family dispute between the parties and petitioner is ready to return the child.
Accordingly it is directed that petitioner will be present before this Court on Monday i.e. 29.04.2019 along with child.
Learned A.G.A. is also directed to take help of S.P. Saharanpur, in this regard and ensure the presence of Smt. Nidhi Batra respondent no. 4 mother of the child before this Court on Monday i.e. 29.04.2019.
Let a copy of the order be communicated to the office of Government Advocate today itself. "
The informant is present for taking custody of the child but the learned counsel for the petitioner has expressed his inability to return the child.
Under the circumstances, as the impugned first information report discloses commission of cognizable offence, the prayer made in this petition cannot be accepted.
The petition is dismissed.
Order Date :- 29.4.2019/Sunil Kr Tiwari