Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21967 of 2019 Petitioner :- Alka Hajariya @ Tannu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kundan Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Kundan Kumar learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 29.8.2019 in case crime No. 87 of 2019 under Sections 363, 366 IPC, P.S. Sisamau, District Kanpur Nagar.
Learned counsel for the petitioners submitted that it is a joint petition on behalf of petitioner nos. 1 and 2 claiming themselves to be a married couple and living together of their own free will. As per High School Certificate date of birth of the petitioner No.1 /wife is 10.8.2001.The other petitioner No. 3 is close relative of petitioner No. 2. Petitioners are innocent and has been falsely implicated in the present case, no offence is made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 27.9.2019 AS