Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7222 of 2018 Petitioner :- Fagu Chauhan And 2 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Sanjeev Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K. Singh, learned counsel for the petitioners, Sri Jitendra Singh, 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 with the prayer to quash the F.I.R. dated 1.2.2018, registered as Case Crime No.09 of 2018, u/s 376, 363, 366, 323, 506 IPC and 3/4 POCSO Act, P.S. Harpur Budhat, district Gorakhpur.
Learned counsel for the petitioners submits that the victim girl who is said to have enticed away by co-accused Deepak @ Deepu has already got himself bailed out. The petitioner no.1 is the father of said co-accused and petitioner nos.2 and 3 are villagers. The victim at present is living with her parents house.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 Gaurav