Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16481 of 2019 Petitioner :- Vageesh Dutt Tripathi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Agrawal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Arvind Agrawal, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 31.5.2019 registered as case crime no. 425 of 2019 under sections 354A, 451, 506 I.P.C. and 7/8 POCSO Act, police station Bhelupur, District Varanasi.
It has been submitted by the learned counsel for the petitioners that petitioner no. 1 and daughter of respondent no. 4 are having friendly relations with each other for the last one and half years which was objected by respondent no. 4 on account of which he lodged the present F.I.R. against petitioner no. 1 and his father-petitioner no. 2, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz