Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5084 of 2018 Petitioner :- Jai Krishna Kumar @ Sintu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Sen Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri C.S. Pal, learned counsel for the petitioner, Sri R.K. Mishra, learned Brief Holder 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 5.11.2017 registered as case crime no. 1150 of 2017 under sections 363, 366, 120-B I.P.C. and 17/18 POCSO Act, police station Jafrabad, District Jaunpur.
Learned counsel for the petitioners submits that co-accused Harsh Singh @ Shubham Singh, who is said to have enticed away the victim girl has already been granted bail by the competent court and so far as identically situated co-accused Manoj Singh is concerned his arrest has been stayed by this Court vide order dated 22.12.2017 passed in Crl. Misc Writ Petition No. 28947 of 2017 copy of which has been annexed at page-47 of the present petition, hence the petitioner is also entitled for the same relief.
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 he 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 :- 27.2.2018 Shiraz