Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 935 of 2018 Petitioner :- Sajid And 3 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.02 of 2087, under Sections- 363, 366 IPC, P.S.- Khudaganj, district- Shahjahanpur.
As per office report dated 24.04.2018 service of notice upon respondent no.4 is deemed to be sufficient.
Keeping in view the order that has been passed in writ petition no.868 of 2018, which was filed by boy and girl, a case for grant of indulgence has been made out, as the petitioners in the present case are the family members of the said boy.
Moreover, perusal of the record shows that an interim order dated 18.01.2018 was passed in the present matter by another Bench of this Court.
Looking to the controversy involved in issue and order that has been passed in the connected Writ Petition No.868 of 2018, no purpose would be served in keeping the present matter pending any further before this Court.
Accordingly, the present writ petition is being disposed off finally with the directions that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
The aforesaid order has been passed with the consent of all the learned counsel for the parties concerned.
Order Date :- 25.4.2018 Radhika