Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22059 of 2019 Petitioner :- Nisha Akhtar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Sufiyan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Mohammad Sufiyan, learned counsel for the petitioners and Sri I.P. S. Rajpoot, learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 13.8.2019 in Case Crime No. 202 of 2019, under Sections 363, 366 IPC, P.S. Charkhari District- Mahoba.
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of the the petitioners no. 1 & 2 who claim themselves to be a married couple and as per registration certificate issued by the Madhyamik Shiksha Parishad date of birth of the petitioner no. 1/ wife is 3.8.2000, contracted marriage with petitioner no. 2, of their own accord, are living together as husband and wife, no offences are made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 A. Pt. Singh