Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21999 of 2019 Petitioner :- Sheelu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A.,Satyendra Kumar Pandey
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Yogesh Kumar Mishra learned counsel for the petitioners and Sri Rajnish Tiwari, learned Brief Holder.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 16.9.2019 in case crime No. 0869 of 2019 under Sections 366, 506 IPC, P.S. Soraon, District Prayagraj.
Learned counsel for the petitioners submits that it is a joint petition on behalf of petitioner nos. 1 and 2 claiming themselves to be a married couple, living together of their own free will, the FIR itself alleges the age of petitioner No. 1/wife as 19 years. Petitioners are innocent and have been falsely implicated in the present case, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019 AS