Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10002 of 2018 Petitioner :- Nankoo @ Nanku Ram And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Learned counsel for the petitioners has filed supplementary affidavit today which is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0170 of 2018, under Section- 363, 366 IPC and 7/8 of POCSO Act, P.S.- Ghoorpur, district- Allahabad.
Learned counsel for the petitioners submitted that petitioner no. 1 is the grand father, petitioner no. 2 and 3 are the Chacha and Chachi of the main accused Raj Kumar. The contention is that the girl and the boy are adult and have solemnized marriage out of their own sweet will without any threat, fear or coercion and as per FIR the girl has eloped with the boy after taking all the money kept in the house which is quantified at Rs. 1.5 lacs; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and in case they received information about whereabouts of the girl and boy the said information will be shared with the police authorities or investigating officer to complete the investigation as early as possible preferably within a period of three months from the production of the certified copy of this order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.4.2018 Ujjawal