Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16068 of 2019 Petitioner :- Avnish And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Ashish Goyal, learned counsel for the petitioners, Sri Vimal Kumar Pandey, 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 03.04.2019 registered as case crime no.269 of 2019 under sections 363, 366, 342, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, police station Sadar Bazar, District Agra.
Learned counsel for the petitioners submits that the petitioners are brother- in-law and sister-in-law of the accused. They have been falsely implicated. As per FIR, the main role has been assigned to co-accused Raj Kumar. In the statement of victim under section 164 Cr.P.C. she has stated that physical relationship has been established with the said co-accused Raj Kumar.
Learned A.G.A. opposed the prayer for quashing the FIR.
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 they shall co-operate with the investigation of the case.
The case of the petitioners is distinguishable from the case of co-accused Raj Kumar.
With the above direction this petition is finally disposed of.
(Pradeep Kumar Srivastava, J) (Dinesh Kumar Singh-I, J.) Order Date :- 10.6.2019 AU