Pradeep And 6 Others vs State Of U.P. And 3 Others
2017 Latest Caselaw 3496 ALL

Citation : 2017 Latest Caselaw 3496 ALL
Judgement Date : 22 August, 2017

Allahabad High Court

Pradeep And 6 Others vs State Of U.P. And 3 Others on 22 August, 2017

Bench: Bharat Bhushan, Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 16873 of 2017
 
Petitioner :- Pradeep And 6 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rakesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bharat Bhushan,J.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard learned counsel for the petitioners and the learned Additional Government Advocate for the State.

This writ petition has been filed by the petitioners with a prayer to quash the FIR registered as Case Crime No. 0102 of 2017, under Sections 363, 366 IPC and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Kagarol, District Agra.

It is contended by learned counsel for the petitioners that the present FIR has been lodged by the complainant just to harass the petitioners. It is further submitted that no offence can be said to be made out against the petitioners. It is further submitted that the prosecutrix in her statement under Section 164 Cr.P.C. has stated that she had gone with the petitioner no. 1 Pradeep out of her own free will being major and has shown suspects of her life in the hands of her parents.

We have been taken through the allegations contained in the F.I.R. and the material on record.

In the facts and circumstances of the case, we dispose of this petition with a direction that till submission of police report under Section 173(2) Cr.P.C., the arrest of the petitioners, namely, Pradeep, Lokendra, Kaptan, Dheeraj, Suman, Bhagwan Singh and Avinesh Jatav, who are wanted in Case Crime No. 0102 of 2017, under Sections 363, 366 IPC and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Kagarol, District Agra shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

Order Date :- 22.8.2017

RavindraKSingh