Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7739 of 2018 Petitioner :- Ramu Yadav And 5 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Bibhuti Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
Heard Sri B.N. Singh, learned counsel for the petitioners, Sri Jitendra 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 with the prayer to quash the F.I.R. dated 20.7.2017, registered as Case Crime No.173 of 2017, u/s 363, 366 IPC and 16/17 POCSO Act, P.S. Chauk, district Maharajganj.
Learned counsel for the petitioners submits that as per statement of the victim recorded u/s 164 Cr.P.C. it appears that she has voluntarily eloped with the petitioner no.1. It is not a case of taking away or enticing away the victim. At present the victim is confined in Nari Niketan, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
(Shashi Kant, J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018 Gaurav