Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2704 of 2019 Petitioner :- Shubham (Minor ) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vivek Kumar Singh, learned counsel for the petitioner and learned AGA for the State of U.P.
The writ petition has been filed for quashing the FIR dated 1.6.2018 registered as Case Crime No. 0092 of 2018, under Section 366 IPC, PS- Barsathi, District- Jaunpur.
In the FIR, in substance the allegation has been made that Anju Gautam, the daughter of the informant has been enticed and abducted by Shubham the petitioner.
The learned counsel for the petitioner submits that Anju Gautam came to her house and her statement under Section 164 Cr.P.C. was recorded on 28.11.2018 in which she has stated that she was in love with Shubham the petitioner and she voluntarily went with Shubham to Haryana from where they went to Mumbai and in Mumbai her cousin Nepali met with him. Nepali gave information about Anju Gautam to her brothers. Thereafter, Anju came back to the house with her brothers. It is further contended by learned counsel for the petitioner that apart from voluntarily going with the petitioner there is no allegation against the petitioner. The petitioner has not committed any offence.
In the facts of the case, this writ petition is disposed of with a direction that Shubham shall not be arrested in Case Crime No.0092 of 2018, under Section 366 IPC, PS- Barsathi, District- Jaunpur till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 Ashutosh Pandey