Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5086 of 2018 Petitioner :- Ram Niwas And 2 Ors. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri J.K. Yadav, learned counsel for the petitioner, Sri R.K. Mishra, learned Brief Holder 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 29.12.2017 registered as case crime no. 1227 of 2017 under sections 363, 366 I.P.C. and 3 (2) (Va) S.C./S.T. Act, police station Pooranpur, District Pilibhit.
Learned counsel for the petitioners submits that the victim is a major girl but her medical report could not be made available to the petitioners. He further pointed out that as per the statement of the victim recorded under section 164 Cr.P.C. she appears to have voluntarily gone with petitioner no. 1 at at present she is confined in Nari Niketan as she was found to be minor by the learned Magistrate seeing her academic record, hence the present F.I.R. is liable to be quashed by this Court.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz