Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25747 of 2019 Petitioner :- Rita Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Chandra,Pradeep Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Subhash Chandra and Sri Pradeep Kumar Mishra, learned counsel for the petitioners and the learned AGA for the State.
This petition has been filed seeking quashing for the FIR dated 11.10.2019 registered as Case Crime No.0204 of 2019, under Sections 363, 366, 323, 504, 506 IPC and 16/17 POCSO Act, Police Station Thuthibari, District Maharajganj with a further prayer not to arrest the petitioner in pursuance of the said FIR.
The allegation in the FIR is that on 06.10.2019 the daughter of the informant Naseema Khatoon has been enticed away by Tilak alias Subham Harijan, son of the petitioners no.1 & 2.
Learned counsel for the petitioners submitted that the allegation in the FIR is against Tilak alais Subham Harijan, who is the son of the petitioner no.1 and 2 and they have been falsely implicated in the present case. He further submitted that the petitioners have themselves filed a missing report of his son Tilak alias Subham on 01.10.2019 whereas the present FIR has been filed on 11.10.2019 and the date of incident is 06.10.2019.
Per Contra, learned AGA has submitted that from the perusal of the allegations made in the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 N Tiwari