Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4609 of 2018 Petitioner :- Pancham @ Pankaj Soni Respondent :- State Of U.P. Through Principal Secretary Home Ministry U.P. Govt. Lucknow And 4 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Learned counsel for the petitioner is permitted to make necessary correction in the present petition.
Heard Sri Ajay Kumar, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 20.1.2018 in case crime no.51 of 2018, u/s 363, 366 IPC, P.S. Shahganj, district Agra.
Learned counsel for the petitioner submits that the present FIR has been registered against unknown persons. After the statement of the victim u/s 164 Cr.P.C., the name of the petitioner along with his family members has come into light. Moreover the victim has voluntarily eloped with the petitioner and she wanted to live with him. As per FIR she is aged about 17 years. He further submits that initially the present FIR was lodged u/s 363 IPC but subsequently the surrender application was moved and offence u/s 366 IPC has been added in which the petitioner was also involved.
Learned A.G.A. opposed the prayer for quashing 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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 23.2.2018 Gaurav