Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2370 of 2019 Petitioner :- Ravendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.,Indra Kumar Singh Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Sharma, learned counsel for the petitioners, Sri Indra Kumar Singh, learned counsel for the complainant, Sri Gaurav Pratap 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 13.9.2018, registered as Case Crime No.106 of 2018, u/s 120-B, 363, 366, 504, 506 IPC, P.S. Sakrauli, district Etah.
Learned counsel for the petitioners submits that the petitioners are named in the FIR. As per FIR, it is stated that the petitioner no.1 Ravendra had enticed away the victim girl and petitioner no.2 Rohitash had also facilitated the petitioner no.1 in enticing away the victim girl. Subsequently the victim along with Rameshwar approached this Court by filing Criminal Misc. Writ Petition No.27466 of 2018 in which interim order was passed by this Court in their favour on 1.10.2018. In pursuance of the said order, the statement of the victim was recorded u/s 164 Cr.P.C. in which she has levelled allegation against Rameshwar. So far as petitioners are concerned, there is no allegation against the petitioners except the fact that they facilitated in enticing away the victim with Rameshwar. The accused Rameshwar is already in jail, hence present FIR lodged against the petitioner be quashed.
Learned counsel for the complainant opposed the prayer for quashing of the FIR and submitted that as per academic record, the victim is a minor girl but he has admitted the fact that in spite of the order passed by this Court for medical examination of the victim by the C.M.O concerned vide order dated 1.10.2018, the victim did not got herself medically examined.
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.
The case of the petitioners is distinguishable from the case of co-accused Rameshwar. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/Gaurav