Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37293 of 2018 Petitioner :- Anita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Kant Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Piyush Kant Vishwakarma,counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 24.7.2018 registered as case crime no.0160 of 2018 under Sections 363,366,120B I.P.C., and Sections 17 and 18 of POCSO Act, Police Station -Baksa, District Jaunpur.
In the F.I.R., in substance, allegation has been made that Neha Km., daughter of the informant was enticed and abducted by Mohit Nishad.Anita, wife of Rajman and Rajman had helped Mohit Nishad.
Counsel for the petitioner submits that victim Neha was recovered and her statement under section 164 Cr.P.C. was recorded in which she stated that she was 19 years old and she further stated that she voluntarily went with Mohit Nishad and married him.Anita, wife of Rajman and Rajman were also not involved in performing marriage or her going with Mohid Nishad.
In view of the statement of victim,Nisha, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in crime no.0160 of 2018 under Sections 363,366,120B I.P.C., and Sections 17 and 18 of POCSO Act, Police Station -Baksa, District Jaunpur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 aks