Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25453 of 2018 Petitioner :- Jitendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Singh, learned counsel for the petitioners, Sri Prabhash Pandey, 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 26.08.2018 registered as case crime no.252 of 2018 under section 364 IPC, police station Jhagaha, District Gorakhpur.
Learned counsel for the petitioners submits that the petitioner no. 1 is father of the abductee and the petitioner no. 2 is uncle of the petitioner no.
1. It is submitted that the respondent no. 3 who is grand maternal uncle of the father of the abductee has lodged an FIR for abduction of the son of petitioner no. 1 who is aged about 6 years. The wife of the petitioner no. 1 and the mother of the abductee has died. The child is living with the petitioner no.2.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 AU