Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37528 of 2018 Petitioner :- Sunil Kumar Gupt Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Shukla,Santoshprad Rai Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Basant Kumar Upadhayaya, holding brief of Sri Kamlesh shukla, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 8.12.2018 registered as case crime no. 0816 of 2018 under Sections 366 I.P.C., Police Station -Kasya, District Kushinagar.
A perusal of the F.I.R. indicates that Shivangi Upadhayaya alias Nandani was missing and missing report was lodged on 26.11.2018. After search, friends Shivangi Upadhayaya alias Nandani informed that she has been abducted by Ashwani alias Bittoo Jaiswal with the help of his father Munna Jaiswal, and Maus, Sunil Jaiswal. Thus, F.I.R., discloses cognizable offence and as such, it is not liable to be quashed.
Counsel for the petitioners submits that F.I.R. was lodged on the basis of suspicion.Although, petitioner is named but he was in Panipath, Harayana and Delhi in connection with his business with effect from 21.11.2018 28.11.2018 .
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 0816 of 2018 under Sections 366 I.P.C., Police Station -Kasya, District Kushinagar till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.12.2018 aks