Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25809 of 2018 Petitioner :- Khushbu Alias Lali And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ray Sahab Yadav,Atul Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Yadav, learned counsel for the petitioners, Sri A.K. Sand, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 5.7.2018 registered as case crime no. 377 of 2018 under sections 364, 506 I.P.C., police station Meja, District Allahabad.
Learned counsel for the petitioners submits that the petitioners are sister and brother. The respondent no. 4, who is the wife of the abductee suspected the hand of petitioner no. 1 in the abduction of her husband only on the basis of the fact that her mobile number was found in the mobile of the abductee. He submits that petitioner no. 1 is an unmarried girl and a student of B.Sc. He submits that though the victim has yet not been recovered but the petitioners have no concern with the present crime. They have been falsely implicated in the present case only on the basis of suspicion, hence the present F.I.R. is liable to be quashed by this Court.
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 they 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 :- 17.9.2018 Shiraz