Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8316 of 2021 Petitioner :- Shavana And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Mohammad Danish Counsel for Respondent :- G.A.
Digitally signed by SUNITA AGARWAL Date: 2021.09.30 17:56:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent.
By means of the present petition, the petitioners are seeking for quashing of the first information report dated 31.8.2021 registered as Case Crime No. 217 of 2021, under Section 366 I.P.C., Police Station Baniya Ther, District Sambhal.
There appears to be no dispute about the age of the victim girl who has been stated in the first information report itself to be a major. Moreover, in the present petition, the victim girl has joined as petitioner no. 1 and has signed Vakalatnama of the counsel representing her. The present petition has been filed with the declaration of the counsel that the petitioner no. 1 is known to him on the basis of the papers presented before him.
It is stated in the writ petition that the petitioner no. 1 had left her parental house out of her own free will and there is no force or coercion on her and she is living with petitioner no. 2 happily.
Considering the material on record, it is provided that the petitioners shall not be arrested by the Investigating Officer till submission of the police report under Section 173(2) Cr.P.C. They shall, however, be under obligation to cooperate with the Investigating Officer.
In case of any effort of the petitioners to avoid or stall the investigation, it would be open for the Investigating Officer to proceed strictly in accordance with law to bring the investigation to its logical conclusion.
The writ petition is, accordingly, disposed of. Order Date :- 30.9.2021 Brijesh Digitally signed by Sadhna Rani Thakur Date: 2021.09.30 17:56:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad