Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5033 of 2018 Petitioner :- Puneet Dubey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamla Kant Srivastava,Rajesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri K.K. Srivastava, learned counsel for the petitioner, Sri J.K. Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 14.1.2018 registered as case crime no. 46 of 2018 under sections 363, 366, 120-B I.P.C., police station Kalyanpur, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioners are brother- in-law and sister of co-accused Arun Kumar Shukla, who is said to have enticed away the victim. They have been falsely implicated in the present case, 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz