Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25707 of 2019 Petitioner :- Himanshu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing the impugned FIR dated 3.11.2019 as Case Crime No. 502 of 2019 under sections 363,366 I.P.C. Police Station Sasni Gate district Aligarh with a further prayer not to arrest them in pursuance of the said first information report.
As per the F.I.R, allegation in the FIR is that the daughter of respondent no. 3 Gunjan was enticed away by one Shivam who used to visit one Vinay, who was the tenant of respondent no.
3. This act of the petitioners was assisted by Vinay and Shivam. Earlier Shivam had approached this Court through a writ petition No. 24478 of 2019 seeking protection of this Court and this Court vide its order dated 10.12.2016 had disposed of this writ petition with a direction therein that the petitioners shall not be arrested in Case Crime No.502 of 2019 under sections 363,366 I.P.C. Police Station Sasni Gate, district Aligarh till the submission of the police report under section 173(2) Cr.P.C. Hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 17.12.2019 N.A.