Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8785 of 2018 Petitioner :- Arun Kumar Saroj And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pradeep Singh, learned counsel for the petitioners, Sri Vikas Sahai, 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 petitioners with a prayer to quash the F.I.R. dated 27.1.2018 registered as case crime no. 26 of 2018 under sections 376D, 368, 366, 504 & 506 I.P.C., police station Badlapur, District Jaunpur.
Learned counsel for the petitioners submitted that the younger sister of respondent no. 3 has married petitioner no. 1 on 3.8.2016 regarding which an FIR has been lodged u/s 365 IPC by the father of the respondent no. 3, which was challenged by the petitioner no. 1 and others in Crl. Misc. Writ Petition No. 18474 of 2016 (Smt. Reena Saroj and three others Vs. State of U.P. & others), in which this Court has stayed the arrest of the petitioners. He submits that though in the statement of victim recorded u/s 164 Cr.P.C., there appears to be allegations against the petitioners but the medical examination report does not support with them.
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 petitioners 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 A.P. Pandey