Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16020 of 2019 Petitioner :- Bhagwan Das And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Arvind Kumar, learned counsel for the petitioners, Sri Deepak Mishra, 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 01.02.2019 registered as case crime no.64 of 2019 u/ss. 363, 366, 120-B IPC and 7/8 POCSO Act, PS. Tirwa, District Kannauj.
Learned counsel for the petitioners submits that petitioners are the students of the same college where the victim was studying in B.Sc. Ist year and she has eloped with co-accused Vishnu. It is further submitted that the petitioners are innocent and are being unnecessarily harassed and falsely implicated in the present case.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they 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 :- 10.6.2019 Madhurima