Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20099 of 2018 Petitioner :- Rameshwar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- G.A.,Sushil Kumar
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 18.07.2018 lodged in Case Crime No.0176 of 2018, under Section 366 I.P.C., Police Station Dadon, District Aligarh.
Learned counsel for the petitioners contends that the daughter of the respondent no.4 i.e. the petitioner no.3 had initiated proceedings against her father, copy of which is annexed as Annexure-2 to the writ petition on the ground that the her father i.e. the respondent no.4 wanted her to get married with an aged person, therefore she herself gone away with the petitioner no.1 and the petitioner nos.1 and 2 have no concerned with the alleged offence. It is thus contended that criminal prosecution of the petitioners is bad in law.
The submission made by learned counsel for the petitioners, prima facie appears to have force. substance. The matter requires consideration.
Sri Sushil Kumar, learned counsel for the caveator-respondent prays for and is granted four weeks time to file counter affidavit. Learned A.G.A. may also filed counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioners shall not be arrested in the aforesaid case crime.
Order Date :- 26.7.2018 S.Ali