Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23382 of 2018 Petitioner :- Parvez Khan @ Chand Babu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Srivastava,Pankaj Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Neeraj Srivastava, learned counsel for the petitioners, Sri N.K. Verma, 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 by the petitioners with a prayer to quash the F.I.R. dated 6.5.2018 registered as case crime no. 104 of 2018 under sections 376, 511, 506 I.P.C. and 7, 8 POCSO Act, police station Rail Bazar, District Kanpur Nagar.
Learned counsel for the petitioners submits that the main allegation is against co-accused Raja Khan, who is already confined in jail in the present case. The petitioners are the family members of co-accused Raja Khan and on account of the said relationship, they have been falsely implicated in the present case though they were not named in the F.I.R., hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 Shiraz