Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16180 of 2019 Petitioner :- Ram Lagan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Naveen Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Naveen Kumar Yadav, learned counsel for the petitioners, 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 9.5.2019 registered as case crime no. 67 of 2019 under sections 363, 366 I.P.C. and Section 7/8 POCSO Act, police station Khesraha, District Siddharth Nagar.
Learned counsel for the petitioners submit that the petitioners are the parents of the co- accused, namely, Kanhaiya Lal who has enticed away the victim girl and only on account of the relationship they have been implicated in the present case with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing and submitted that as per the statement of the victim girl petitioners also facilitated their son, Kanhaiya Lal, in the present crime.
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 shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguished from that of the co-accused, Kanhaiya Lal.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Deepika