Mohd. Saleem & 2 Others vs State Of U.P. Thru. Prin.Secy., ...
2017 Latest Caselaw 2604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 16113 of 2017
 
Petitioner :- Mohd. Saleem & 2 Others
 
Respondent :- State Of U.P. Thru. Prin.Secy., Home & 2 Others
 
Counsel for Petitioner :- Manoj Kumar Singh
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri M.K.Singh, learned counsel for the petitioners, Sri G.D.Bhatt, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 3.7.2017 registered as Case Crime No.1202 of2017,under Sections 363, 366 I.P.C., Police Station Jarwal Road, Distdrict Bahraich.

Learned counsel for the petitioners submits that the petitioners are not named in the FIR and their names have come into light during the course of investigation in the statement of the prosecutrix recorded under section 164 Cr.P.C. after 11 days of the incident. He further submits that son of petitioner nos. 1 and 2, namely, Nayyer is said to have enticed away the victim girl, who has been recovered. He further submits as per 164 Cr.P.C. statement of the victim, the petitioners who are parents and brother of co-accused Nayyer are said to have facilitated in enticing away the victim girl. He next argued that the co-accused Nayyer is already confined in jail in the present case. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence the FIR be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the 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.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 20.7.2017/NS