Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7147 of 2018 Petitioner :- Govind Verma @ Krishna Pratap And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Dubey,Santosh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K. Dubey, learned counsel for the petitioners, 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 writ petition has been filed by the petitioners for quashing the impugned FIR dated 15.2.2018 registered as case crime no. 65 of 2018, under Sections 363, 366 IPC, P.S. Kamalganj, District Farrukhabad.
It has been submitted by the learned counsel for the petitioners that the victim girl is living at her relative house, the said fact has been mentioned in para-11 of the present petition.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners and further as per the F.I.R. the victim, who is a minor girl has been enticed away by petitioner no. 1.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.3.2018 Shiraz