Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21897 of 2019 Petitioner :- Sonali Chaurasiya @ Soni And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Istyak Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri . Istyak Khan, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 16.8.2019 registered as Case Crime No.0332 of 2019 under sections 363, 366 I.P.C. PS. Khaga, District Fatehpur.
Learned counsel for the petitioners submits that it is a joint petition on behalf of petitioner no. 1 and 2 who are claiming themselves to be a married couple and living together of their own free will. As per High School Certificate date of birth of the petitioner No.1 /wife is 10.4.2000. The other petitioners are close relative of petitioner No. .Petitioners are innocent and has been falsely implicated in the present case, no offence is 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. While providing security to the petitioners, the S.P., Fatehpur shall keep in mind the Government Orders dated 31.8.2019 and 5.9.2019, so that they may not be put to any harm.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019/Rk