Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4637 of 2018 Petitioner :- Urmila Devi And 2 Ors. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Dhar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.D.Shukla, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 10.2.2018 registered as Case Crime No.41 of 2018, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar.
Learned counsel for the petitioners submits that the petitioner are innocent and have been falsely implicated in the present case. He further submits that the co-accused Sonu who happens to be son of petitioner no.1 and 2 and brother of petitioner no.3 is said to have enticed away the victim girl and on account of the said relationship the petitioners have been falsely implicated in the present case. He next argued that the co-accused Sono is confined in jail and the victim at present moment is living with her parents. No offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018/NS