Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25785 of 2018 Petitioner :- Chhote Alias Premshankar Dohre And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 30.08.2018 registered as case crime no. 738 of 2018 under section 354 I.P.C., police station Ajeetmal, District Auraiya.
Learned counsel for the petitioners submit that the petitioner no.1 is appearing in B.Ed. examination, which fact is mentioned in para 8 of the petition and it is further stated that the victim was seen along with some persons for which, complaint was made to her parents, hence the present FIR. Both the petitioners are cousins, which fact is mentioned in para 11 of the petition.
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 the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Madhurima