Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20110 of 2019 Petitioner :- Smt. Uma Kumari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Chandraul Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sudhir Kumar Chandraul, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 12.07.2019 registered as case crime no.
291 of 2019 under sections 363, 366 I.P.C., police station Manjhanpur, District Kaushambi.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court. Further submission is that as per high school certificate, the date of birth of the victim is 25.02.2002 and the victim is on the verge of attending majority.
Learned A.G.A. opposed the prayer for quashing.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand