Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8313 of 2021 Petitioner :- Twinkil Kumari And Others Respondent :- State Of U. P Counsel for Petitioner :- Abhishek Tiwari,Samiksha Bhatt Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioners herein seek for quashing of the First Information Report dated 19.08.2021 registered as Case Crime No. 0159 of 2021, under Sections 366, 147, 323 and 504 I.P.C. Police Station - Ramala District -Baghpat.
The High School mark sheet of the victim/girl has been appended with the present petition to assert that she is major. The present victim has joined the present writ petition as petitioner no. 1 and has signed the vakalatnama of the counsel, who has given the declaration that the victim/girl is known to him on the basis of papers presented before him.
It is then stated by the learned counsel for the petitioners that the statement of the victim/girl under Section 164 Cr.P.c. has been recorded on 16.09.2021.
In view of the above, we only provide that the petitioners shall not be arrested by the Investigating Officer till submission of the police report under Section 173 (2) Cr.P.C. They shall, however, be under obligation to cooperate with the Investigating Officer. In case of any effort of the petitioners to avoid or stall the investigation, it would be open for the Investigating Officer to proceed strictly in accordance with law to bring the investigation to its logical conclusion at the earliest.
The writ petition is, accordingly, disposed of.
Order Date :- 23.9.2021 gp Digitally signed by SUNITA AGARWAL Date: 2021.09.24 09:36:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Sadhna Rani Thakur Date: 2021.09.24 09:38:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad