Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7623 of 2018 Petitioner :- Devendra Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Gaurav Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Gaurav Singh, learned counsel for the petitioner, Sri R.K. Mishra, learned brief- holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 19.3.2018, registered as Case Crime No.122 of 2018, u/s 363, 366 IPC, P.S. Shajadnagar, district Rampur.
Learned counsel for the petitioner submits that the petitioner is the brother of co-accused Brajnandan who is said to have enticed away the victim girl. Both of the victim and the said co-accused have not been recovered. The petitioners have been implicated in the present case on account of the said relationship with the said co-accused, hence present FIR lodged against the petitioner be quashed.
Learned brief-holder opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 28.3.2018 Gaurav