Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20097 of 2019 Petitioner :- Ramesh @ Mahesh Chandra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Lal Mani Tripathi, learned counsel for the petitioners, Sri Amrit Raj Chaurasia, 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 19.6.2019 registered as case crime no.151 of 2019 under section 366 I.P.C., police station Chaubeypur, District Kanpur Nagar.
Learned counsel for the petitioner submits that petitioner are the relatives of the co-accused one Anurag Pal who had enticed away the victim and as per the FIR the victim is major. It is next contended that the petitioners have been falsely implicated in the present case by respondent no.3 levelling false and frivolous allegations just to harass them, hence the same 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Neeraj