Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4720 of 2019 Petitioner :- Raj Kumari And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Munna Tiwari for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 1.2.2019 registered as Case Crime No. 31 of 2019 under Section 363, 366 IPC, P.S. Khajani, Distt. Gorakhpur.
In substance, in the FIR the allegation has been made that on 30.1.2019 at 12:30 PM Suraj Mali son of Chandar Mali had enticed and abducted the daughter of the informant namely Rubina aged about 15 years.
The counsel for the petitioners submits that there is no involvement of the petitioners in the act of abduction of Rubina. Although Rubina had voluntarily went with Suraj Mali and living with him.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioners shall not be arrested in pursuance of FIR dated 1.2.2019 registered as Case Crime No. 31 of 2019 under Section 363, 366 IPC, P.S. Khajani, Distt. Gorakhpur till submission of police report under Section 173 (2) Cr P C, subject to their extending full cooperation during investigation. The writ petition is disposed of.
Order Date :- 21.2.2019 Rahul Dwivedi/-