Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37950 of 2018 Petitioner :- Shakeel And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Kanojia,Abhinav Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri R.K. Kanojia, learned counsel for the petitioners, Sri G.P. 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 3.12.2018 registered as Case Crime No.311 of 2018, u/s 363, 366, 506 IPC, P.S. Garhipukhta, district Shamli.
Learned counsel for the petitioners submits that the petitioners are the family members of the co-accused Tasleem who is said to have enticed away the victim girl and both of them have earlier approached this Court for civil protection in Writ C No.38852 of 2018 and the same was withdrawn by the petitioners, copy of the said order is annexed on page 54 of the present petition. Thereafter present FIR has been lodged against the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Gaurav