Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7901 of 2018 Petitioner :- Smt. Sita Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Sri Dileep Singh Yadav, Advocate, has filed his Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.
Heard Sri R.K.Rathore, learned counsel for the petitioner, Sri Dileep Singh Yadav, learned counsel for respondent no.3, 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 petitioner with a prayer to quash the FIR dated 6.3.2018 registered as Case Crime No.31 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Vishungarh, District Kannnauj.
Learned counsel for the petitioner submits that the petitioner is aunty of co-accused Lallu who is said to have enticed away the victim girl, they have not yet been recovered and only on account of the said relationship the petitioner has been falsely implicated in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned counsel for respondent no.3 opposed the prayer for quashing of the FIR and submitted that the victim as per the High School Certificate is minor girl as her date of birth is 2.5.2002.
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 she 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 :- 30.3.2018/NS