Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16106 of 2019 Petitioner :- Vindrawati Chaurasiya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
A short counter affidavit has been file by the State today which is taken on record.
Heard learned counsel for the petitioners, 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 19.07.2018 registered as case crime no.216 of 2018 u/ss.363, 366, 376 IPC and 5/6 POCSO Act, PS. Nagar, District Basti.
Learned counsel for the petitioners submits that as per the medical examination report of the victim/petitioner no.1 as well as her statement under Section 164 Cr.P.C., she is stated to be of 18 years. It is further submitted that she is voluntarily living with petitioner no.2 and has not deposed anything against him.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima