Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7486 of 2018 Petitioner :- Ramu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.K.Mishra, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.3.2018 registered as Case Crime No.232 of 2018, under Sections 363, 366 I.P.C., Police Station Devband, District Saharanpur.
Learned counsel for the petitioners submits that the petitioners are family members of co-accused Prince who is said to have enticed away the victim girl who has not yet been recovered and on account of the said relationship the petitioners have been falsely implicated in the present case. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 28.3.2018/NS