Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 36367 of 2018 Petitioner :- Photo Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kanhaiya Soni,Krishna Kumar Patel Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed today is taken on record Heard Sri K.K.Patel, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 12.11.2018 registered as case crime no. 556 of 2018 under Sections 363,366 I.P.C., Police Station -Phoolpur, District Prayagraj.
A perusal of the F.I.R. indicates that in substance, allegation has been made that on 12.11.2018 at 8.00 am, daughter of first informant, Rahnuma Fatima went to School but she did not return to her house. Initially, in the F.I.R., no body was named. Only, Sukhlal was named in the F.I.R. as an accused but the police is illegally harassing the petitioners.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in ase crime no. 556 of 2018 under Sections 363,366 I.P.C., Police Station -Phoolpur, District Prayagraj till submission of police report under Section 173(2) Cr.P.C. Petitioners shall cooperate in the investigation.
Order Date :- 20.12.2018 aks