Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38022 of 2018 Petitioner :- Pranjal Singh Chauhan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sanjay Kumar Pandey holding brief of Sri Satyawan Shahi, learned counsel for the petitioners, Sri J.P. Tripathi, 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 14.8.2018 registered as case crime no. 372 of 2018 under sections 363, 366 I.P.C., police station Gorakhnath, District Gorakhpur.
Learned counsel for the petitioners submits that as per the statement of the victim recorded under section 164 Cr.P.C., she has voluntarily eloped with petitioner no. 1 and has not levelled any allegation against the petitioners, hence the present F.I.R. 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.
Learned counsel for the petitioners is permitted to make necessary correction in the present petition.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz