Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37540 of 2018 Petitioner :- Kanhaiya And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Prashant Kumar Tripathi, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 18.10.2018 registered as Case Crime No. 432 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Kotwali, District- Ballia.
In the F.I.R. in substance the allegation has been made that Km. Smriti @ Kumkum (sister of informant) aged about 14 years, was missing from the house of the informant since 16.09.2018. Later on, the witnesses Raju Verma and Dhannu Ram informed that Km. Smriti was seen with Guddu s/o Kanhaiya Lal towards animal hospital road. When enquiry was made from the house of Guddu then other accused informed that Guddu has taken the victim to Gujarat.
Later on the victim came to the police station and in her statement under Section 164 Cr.P.C. was recorded on 27.11.2018 in which she has stated that on 16.09.2018, she went to the house of Guddu, where Guddu has given some intoxicated substance to eat her. Thereafter, she went to Delhi along with Guddu and from Delhi to Gudgaon where she was kept in a room for a period of two months during this time Guddu has committed rape with her. On 15.11.2018, she came to Buxur by train and thereafter came to police station.
Counsel for the petitioners submits that from the statement of victim, involvement of petitioners in her abduction is not proved.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 432 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Kotwali, District- Ballia till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 Sharad/-