HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 10705 of 2011 Petitioner :- Raju & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Pal Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners, learned AGA appearing for the State and perused the record.
No notice is being issued to the respondent No.3 in view of the order which is being passed. However, liberty is reserved for respondent No.3 to apply for variation/ modification of this order.
By means of this writ petition, the petitioners are seeking to quash the FIR of Case Crime No.152 of 2011, under Sections 363, 366, 506 I.P.C., Police Station-Maharajpur, District-Kanpur Nagar.
The petitioner No.1-Smt. Sandhya is present in the Court and has been identified by her counsel. On being asked, she has stated that she has married with petitioner No.1-Raju out of her own sweet will and she is major. Her High School certificate has been annexed as Annexure-2 to the writ petition. The marriage certificate of the petitioners No. 1 and 2 has been annexed as Annexure-3 to this writ petition.
A perusal of the F.I.R. discloses the commission of cognizable offence at this stage. We are not satisfied that this is a case for quashing the F.I.R. However, looking to the facts stated in the writ petition and submissions made, we provide that the petitioners, namely, Raju, Smt. Sandhya, Km. Radha and Sharda shall not be arrested in the aforesaid case crime till the report under Section 173(2) Cr.P. C. is submitted, but they shall cooperate with the investigation of the case.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 8.6.2011 NS