Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. Gauri Suwan Pandey, learned counsel for the petitioners, Mr. Ajey Singh, learned counsel for the private respondent and Mr. S.P. Singh, learned A.G.A. for the State.
Learned counsel for the petitioners submits that victim petitioner No.2 -Muskan is living voluntarily with petitioner No.1 Mohammad Firoz and so far as the petitioner Nos.3 to 6 are concerned they are the family members of petitioner No.1 and on account of their relationship they have been falsely implicated in the present case. He further submitted that so far as the victim- petitioner No.2 is concerned he is unable to produce any documentary evidence in support of her age, except the Aadhar Card.
Learned counsel for the private respondent opposed the prayer for quashing of the F.I.R. and submitted that as per the Pariwar Register victim-petitioner No.2 is minor, copy of which is also annexed with connected writ petition No. 16406 (MB) of 2021 filed by the private respondent Shabbir.
Considering the facts and circumstances of the case, prayer in respect to petitioner No.1-Mohammad Firoz is dismissed.
As far as petitioner Nos. 3 to 6 are concerned, they are the family members of petitioner No.1, as such they should not be harassed in the present case.
Prima facie arguments advanced appear to have some substance and require consideration by this Court, therefore, a case for interim relief is made out.
The respondent No.4 already put in appearance through counsel.
Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing the arrest of the petitioners- Akbar Ali, Mohammad Amjad, Laley and Kaushal in F.I.R. No.110/2021, under Section 323, 452,363,366A of I.P.C. Police Station Sonwa, District Shrawasti shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Date :- 27.8.2021 A.K. Singh