Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7136 of 2018 Petitioner :- Daryav Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajeet Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.K. Yadav, learned counsel for the petitioner, Sri R.K. 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 petitioner with a prayer to quash the F.I.R. dated 3.9.2017 registered as case crime no. 427 of 2017 under sections 363, 366, 368 I.P.C. and 7/8 POCSO Act, police station Kotwali Kaunch, District Jalaun.
Learned counsel for the petitioners submits that the victim has been enticed away by co-accused Ajay Kushwaha and both of them are not traceable. The petitioners, who are the residents of same village were not named in the F.I.R. Their names came into light after six months of the incident.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.3.2018 Shiraz