Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8844 of 2019 Petitioner :- Vijendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 11.11.2018 registered as Case Crime No.1049 of 2018, under Sections 363, 366 IPC, P.S. Sector 39 Noida, District Gautam Budh Nagar.
The impugned first information report has been lodged by father of the victim alleging that the victim, minor daughter of the informant, namely, Mamta, aged about 14 years, has been enticed away by informant's neighbour, namely, Gajendra.
It appears that the victim could not be recovered and a charge sheet has been submitted against Gajendra, who is right now in jail.
The petitioner happens to be the brother of the named accused Gajendra. The petitioner has filed this petition by claiming that as the allegations are against his brother, there is no justification for the police to harass the petitioner.
On the last date, when the matter was taken upon, by citing paragraph 16 of the writ petition, learned counsel for the petitioner had submitted that the girl in fact was with her own parents.
On the above statement, on 09.4.2019, we had passed the following order:-
"In paragraph no. 16 of the petition it is alleged that the girl (victim) is in her parental house.
It is stated that the petitioner is not named in the F.I.R. and unnecessarily, the police is harassing the petitioner.
The question is whether statement of the girl has been recorded by the police and whether from her statement complicity of the petitioner has been made out.
Put up this matter on 17th April, 2019. By which date learned A.G.A. shall seek instruction as to whether the girl has been recovered or not and whether statement of the girl has been recorded. If recorded, copy of the statement shall be placed before this Court."
Pursuant to the above order, learned A.G.A. has obtained instructions from the police station concerned and has informed the Court that the girl is not in her parental house but as per the information received, the girl is with the present petitioner (Vijendra).
Be that as it may, as, according to the police, the girl is still to be recovered, all clues that may be available would have to be examined and investigated and therefore if we interfere in such matter, it may prove hurdle in recovery of the girl. Hence, we decline to entertain this petition. The petition is dismissed with liberty to the petitioner to apply for bail in case he is wanted in the case.
Order Date :- 29.4.2019 AKShukla/-