Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7738 of 2018 Petitioner :- Vikas Lal Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ved Prakash Ojha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
Heard Sri V.P. Ojha, learned counsel for the petitioner, Sri Jitendra 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 with the prayer to quash the F.I.R. dated 24.9.2017, registered as Case Crime No.292 of 2017, u/s 363, 366, 504 IPC and 8 POCSO Act, P.S. Jariya, district Hamirpur.
Learned counsel for the petitioner submits that as per statement of the victim recorded u/s 164 Cr.P.C. it appears that she has voluntarily eloped with the petitioner. It is not a case of taking away or enticing away the victim. At present the victim is confined in Nari Niketan, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Shashi Kant, J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018 Gaurav