Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16091 of 2019 Petitioner :- Pankaj Bind (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nayab Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Nayab Ahmad Khan, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 18.05.2019 registered as Case Crime No. 189 of 2019, under Sections 363 and 366 I.P.C., Police Station- Sarai Khawaja, District- Jaunpur.
Learned counsel for petitioner submits that victim girl has been recovered who has been enticed away by the applicant as it appears from the F.I.R. It is further submits that the informant has taken Rs.50,000/- from petitioner's father for marriage of his daughter, namely, Chanda and informant promise to the father of petitioner to return the aforesaid amount in six months after the marriage but the informant has not returned till date. Learned counsel for the petitioner submits that the petitioner is innocent and the present F.I.R. has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR which discloses cognizable offence and pointed out that the victim girl is minor as per allegation made in the F.I.R. that the applicant who has enticed away the victim who is minor.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)