Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4422 of 2018 Petitioner :- Seema Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri J.P. Singh, learned counsel for the petitioner, 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 18.11.2017, registered as Case Crime No.835 of 2017, u/s 363, 366 IPC, P.S. Meerganj, district Jaunpur.
Learned counsel for the petitioner submits that the petitioner happens to be the friend of co- accused Prince and Manish. As per statement of the victim u/s 164 Cr.P.C, there is only allegation against the petitioner for facilitating the co-accused persons for enticing away the victim who was about seventeen years of age. The co-accused Prince has already been arrested by the police.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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 petitioner is distinguishable from the case of co-accused Prince and Manish.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018 Gaurav