Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4691 of 2018 Petitioner :- Smt. Husno And Anr.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh,Amit Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Amit Rai, learned counsel for the petitioners, Sri I.P.Srivastava, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 21.12.2017 registered as Case Crime No.3472 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Sahibabad, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners are mother and unmarried sister of co-accused Bhoora who is said to have enticed away the victim girl and on account of the said relationship they have been falsely implicated in the present case. He further submits that the co-accused Bhoora along with the victim girl have already approached this Court challenging the impugned FIR by means of filing Crl. Misc. Writ Petition No.754 of 2018 in which their arrest has been stayed by this Court vide order 12.1.2018, copy of which is annexed at page-18. He further submits that name of the petitioners has come into light after the statement of the victim recorded under Section 164 Cr.P.C. on 31.1.2018 after 2 months 10 days of lodging of the impugned FIR. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 they 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 :- 26.2.2018/NS