Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37090 of 2018 Petitioner :- Arif And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shamsuddin Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Shamsuddin Ahmad, learned counsel for petitioners and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 31.10.2018 registered as Case Crime No. 0695 of 2018, under Sections 363 and 368 I.P.C., Police Station- Kotwali Mandi, District- Saharanpur.
In the F.I.R. in substance the allegation has been made that on 30.08.2018 about 8:30 a.m. daughter of informant Km. Sumaela aged about 17 years went outside the house and has not come back. Thereafter on enquiry, the witnesses (Jabbar and Arif) informed that Sumaela went with Shoeb Tabrej, Farman, Javed, Arif and Warif. In this case, the victim was recovered and her statements under Sections 161 Cr.P.C. and 164 Cr.P.C. were recorded. In her statement under Section 164 Cr.P.C., she has stated that on 30.08.2018 at 8:00 a.m. she went to meet Shoeb (accused) on her own sweet will and thereafter they went to mosque of Kazi and voluntarily married there. The age of Sumaela was determined as 17 years and she was sent to shelter home by the order dated 03.11.2018 passed by Juvenile Justice Board, Saharanpur, so far as Shoeb concerned is detained in jail.
Counsel for the petitioners submits that in view of statement of victim the involvement of the petitioner in the present case is not proved.
In view of the fact that this writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0695 of 2018, under Sections 363 and 368 I.P.C., Police Station- Kotwali Mandi, District- Saharanpur till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 18.12.2018 Sharad/-