Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22065 of 2019 Petitioner :- Amit Kashyap Alias Amit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.,Shobhit Saxena
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Jai Prakash Singh, learned counsel for the petitioner, Shri Shobhit Saxena, learned counsel for the informant and Ms.Archana, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 15.8.2019 registered as Case Crime No.0529/2019 under section 363 I.P.C. PS. Tilhar, District Shahjahanpur.
Learned counsel for the petitioner submits that petitioner is maternal uncle of the victim and the allegation made in the FIR is malafidely motivated as the victim had also indicated her willingness to stay with her mausi and maternal grand mother, now the victim a juvenile was handed over to Bal Grah Balika, FIR be quashed.
Learned A.G.A. and learned counsel for the informant do not dispute that the victim has been handed over to Bal Grah Balika, order date vide order dated 3.9.2019 passed by Child Welfare Society, Shahjahanpur.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.9.2019 Rk