Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 23783 of 2019 Petitioner :- Diksha And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Saxena Counsel for Respondent :- G.A.,Shailendra Pratap Singh
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 02.11.2019 registered as Case Crime No.234 of 2019, under Sections 363, 366 IPC, P.S. Ughaiti, District Budaun in which it is alleged that minor daughter of the informant has been enticed away by the accused.
The learned counsel for the petitioners has admitted that the statement of the victim has been recorded under Section 164 Cr.P.C.
If that is so, the petition ought to have been filed by disclosing as to what has come in her statement. The petitioner is also not in a position to produce the victim though a joint affidavit has been filed.
Under the circumstances, since the allegations in the impugned FIR discloses commission of cognizable offence, the petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 26.11.2019 AKShukla/-