Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16157 of 2019 Petitioner :- Rajesh Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.S. Yadav, learned counsel for the petitioner, Sri G.P. Singh, 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 petitioner with a prayer to quash the F.I.R. dated 4.5.2019 registered as case crime no. 228 of 2019 under sections 363, 366 IPC, police station Nawabad, District Jhansi.
Learned counsel for the petitioner submits that the victim has already been recovered and given in the custody of her parents as she was found to be minor aged about 17 years and 8 months and at the age of attaining majority. In her statement recorded under section 164 Cr.P.C. has not deposed against the petitioner and expressed her desire to go with her parents, hence the present F.I.R. is liable to be quashed.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Shiraz