Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13994 of 2018 Petitioner :- Soniya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.R. Pandey, learned counsel for the petitioners, Sri N.K. Verma, learned AGA 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 11.8.2016, registered as Case Crime No.589 of 2016, u/s 364 IPC, P.S. Loni Border, district Ghaziabad.
Learned counsel for the petitioners submits that the abductee/victim Aasif is the nephew of the respondent no.3 who had eloped with the co-accused Shabana. After elopment both of them were living in the same house in which petitioners were also living and thereafter both the victim and respondent no.3 are not traceable. The present FIR has been lodged by the informant against the petitioners on account of suspicion only on the basis of application u/s 156(3) Cr.P.C.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 Gaurav