Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16089 of 2020 Petitioner :- Raju And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yadavendra Dwivedi Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
At the very outset learned counsel for the petitioners submits that the petitioners No. 1 and 2 have already been arrested and therefore, the petition on their behalf has rendered infructuous. This petition is being pressed only on behalf of petitioner No.3, Roopkishore.
The petition seeks quashing of the F.I.R. dated 22.10.2020, registered as Case Crime No. 515 of 2020, u/s 363, 366 I.P.C., P.S.- Soro, District- Kasganj.
The submission of learned counsel for the petitioner No.3 is that he is mere facilitator. As per allegations contained in the F.I.R. the main allegation is against the petitioners No. 1 and 2 who have already been arrested. It is also submitted that the alleged victim has already married to petitioner No.1 and, therefore, offence as alleged is not made out against him.
Learned A.G.A. on the other hand has also pointed out that on the date of occurrence, the victim was only 15 years of age and, therefore, there can be no consent or valid marriage.
The charges in the F.I.R. require investigation even otherwise the allegations disclose cognizable offence and, therefore, the F.I.R. is not liable to be quashed.
The petition is, accordingly, dismissed.
It is however observed that in any case, the petitioner No.3 has an alternative remedy to approach proper forum seeking anticipatory bail.
Order Date :- 5.1.2021 Vandana