Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26063 of 2019 Petitioner :- Ravi Maurya @ Abhay Pratap Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Maurya Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Mayank Maurya, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 17.11.2019, registered as Case Crime No.0609 of 2019, under sections 506, 366 I.P.C, P.S. Sarai Enayat, District Prayagraj.
It is submitted by learned counsel for the petitioner that the victim and her husband claim themselves to be a married couple, obtained a protective order in Crl. Misc. Writ Petition no. 24456 of 2019 on 2.12.2019, the role assigned to the petitioner is that he facilitated the enticement of the victim to elope with her, no previous criminal history as alleged in paragraph-9 of the writ petition. From a perusal of the FIR, no offence is made out against the petitioner, hence, same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 19.12.2019 N.S.Rathour