Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4978 of 2018 Petitioner :- Ayesha And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samir Srivastava,A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State. Issue notice to respondent No. 4, returnable within 6 weeks.
Steps may be taken within a week. List on the date mentioned on notice.
The respondent No.4 has lodged the impugned FIR as Case Crime No. 90 of 2018 under Section 364 IPC, Police Station Sihani Gate, District Ghaziabad alleging that his daughter Ayesha has been kidnapped by unknown persons on 12.1.2018.
According to the contents of the FIR the victim is aged 18 years. Before us Smt. Ayesha has been arrayed as petitioner No.1 along with 6 other accused. Petitioner No.1 along with petitioner No.2 Juber are present in the Court today, duly identified by their counsel Shri A.C. Srivastava.
The petitioner No.1 has stated that she has married petitioner No.2 on her own free will in January, 2018 and is happily residing with him. She has also stated that she is aged more than 18 years, which fact is also stated in the FIR.
In view of the above statements petitioners are entitled to interim protection.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the First Information Report.
A perusal of the First Information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the First Information Report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Sihani Gate, District Ghaziabad not to arrest the petitioners namely Smt. Ayesha, Juber, Farman, Yunus Rizwan, Shahrukh and Matroo Khursheed, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co-operate with the investigating agency during the course of investigation.
Order Date :- 27.2.2018 Arnima [Ashok Kumar, J.] [Vikram Nath, J.]