Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34369 of 2018 Petitioner :- Rahul @ Pinku Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Anurag Kumar Pandey, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 12.06.2018 registered as Case Crime No. 0156 of 2018, under Sections 363 and 366 I.P.C., Police Station- S.M. South, District Shahjahanpur.
A perusal of F.I.R. shows that in substance the allegation has been made that petitioner Rahul @ Pinku has enticed away the daughter of the first informant namely Km. Reeta aged about 16 years on 09.06.2018.
Counsel for the petitioner submits that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded on 25.06.2018 in which she has stated that she went out on her own sweet will. Neither she know Rahul nor went with him. The statement of victim shows that no offence is made out against petitioner.
As such the writ petition is disposed of with the direction that petitioner shall not be arrested till the collection of credible evidence in Case Crime No. 0156 of 2018, under Sections 363 and 366 I.P.C., Police Station- S.M. South, District Shahjahanpur till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 29.11.2018 Sharad/-