Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4751 of 2018 Petitioner :- Neetu And 2 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Kashyap Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.K.Kashyap, learned counsel for the petitioners, Ms. Ibha Sinha, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.11.2017 registered as Case Crime No.463 of 2017,under Sections 363, 366, 506 I.P.C. and 3/4 POCSO Act, Police Station Bhamaura, District Bareilly.
Learned counsel for the petitioners submits that the petitioners are family members of co-accused Sobhit who is said to have enticed away the victim girl and on account of the said relationship they have been falsely implicated in the present case. The victim girl along with co-accused Sobhit has been recovered, the victim girl is living with parents and co- accused Sobhit is confined in jail in the present case. The said fact has been stated in paragraph no.11 of the writ petition. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018/NS