Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 33890 of 2018 Petitioner :- Govind Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 06.04.2018 registered as Case Crime No.163 of 2018, under Sections 363, 366, 120-B, I.P.C. and 7/8 POCSO Act, P.S.- Saurikh, District- Kannauj.
It has been submitted by the learned counsel for the petitioners that petitioners are brother-in-law and sister of the main accused Keshav with whom the grand daughter of the respondent no.3 has allegedly eloped. They have been falsely implicated only on the basis of suspicion.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 SKD