Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16687 of 2019 Petitioner :- Ankit And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 03.04.2019 registered as case crime no. 25 of 2019 under sections 376D, 420, 467, 468, 471 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, police station Titaro, District Saharanpur.
Learned counsel for the petitioner submits that as per statement of the victim under Section 164 Cr.P.C. she has voluntarily left her house and married petitioner no.1. It is further submitted that petitioner no.2 is the real brother of petitioner no.1. It is next submitted that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Deepika