Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5585 of 2019 Petitioner :- Nirmala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vijay Kumar Dubey for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 15.2.2019 registered as Case Crime No. 076 of 2019, under Section 363, 366 IPC, P.S. Dhanghata, Distt. Sant Kabir Nagar.
In substance, in the FIR the allegation has been made that daughter of the informant namely Sharmila aged about 16 years was enticed and abducted by Sunil son of Rajendra on which FIR of Case Crime No. 047 of 2018, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act was registered. In that case the victim namely Sharmila was recovered later on. But now she had again abducted by Sunil, Rajendra and Nirmala.
The counsel for the petitioner submits that in the FIR of Case Crime No. 047 of 2018, Sunil was named as accused and the victim was recovered and given in custody of the informant. So far as Sunil is concerned, Sunil was granted bail and the petitioner stood surety for Sunil in that case. Now Sharmila had again gone with unknown person and the petitioner had been mala fide named in the present FIR as the petitioner stood surety for Sunil in the earlier case.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of FIR dated 15.2.2019 registered as Case Crime No. 076 of 2019, under Section 363, 366 IPC, P.S. Dhanghata, Distt. Sant Kabir Nagar, till submission of police report under Section 173 (2) Cr P C, subject to her extending full cooperation during investigation. The writ petition is disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-