Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16177 of 2019 Petitioner :- Hariom Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Chaubey,Sumit Suri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Vivek Chaubey, learned counsel for the petitioner, Sri G.P. 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 by the petitioner with a prayer to quash the F.I.R. dated 2.6.2019 registered as case crime no. 266 of 2019 under sections 363, 366 I.P.C., police station Sarnath, District Varanasi.
Learned counsel for the petitioner submits that the as per the statement of the victim girl under Section 164 Cr.P.C. she has voluntarily left her house. It is further submitted that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Deepika