Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16083 of 2020 Petitioner :- Smt. Ananya Srivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhil Ranjan Counsel for Respondent :- G.A.,Laloo Yadav
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Learned counsel for the petitioner and Mr. Lalu Yadav, learned counsel for the respondent No. 4 and learned A.G.A. for the State.
Petitioner seeks quashing of the impugned First Information Report dated 15.09.2020 giving rise to Case Crime No. 931 of 2020 under Section 366 I.P.C. at P.S. Gorakhnath District -Gorakhpur.
It has been submitted that earlier a Habeas Corpus Writ Petition No. 490 of 2020 was filed by the respondent No. 4 wherein the petitioner No. 1 in the instant petition was produced before the Court and her statement was recorded.
A finding has been returned in the order dated 08.10.2020 that the petitioner No. 1 is major and is not in illegal custody. Further, she wants to stay with her husband- petitioner No. 2 with her free will.
In the facts and circumstances of the case and the submissions advances on behalf of the petitioners, it is directed that 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 the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above, direction, this petition is finally disposed off.
Order Date :- 5.1.2021 SY