Km. Sapna vs State Of U.P. And 2 Others
2017 Latest Caselaw 4447 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18903 of 2017
 

 
Petitioner :- Km. Sapna
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Yatharth Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bharat Bhushan,J.

Hon'ble Dr. Kaushal Jayendra Thaker,J. 

Heard Sri Yatharth Srivastava, learned counsel for the petitioner, learned AGA for the State and perused the material on record.

This writ petition has been filed by the petitioner with a prayer to quash the FIR dated 28.5.2017 registered as Case Crime No. 0172 of 2017, under Sections 363, 366 IPC and 3(2) 5 S.C. & S.T. Act,  Police Station Ahraura, District Mirzapur.

It is contended by learned counsel for the petitioner that petitioner is a minor and  has not committed the alleged offence and police wants to harass and humiliate her.  It is further submitted that the allegations made against the petitioner are absolutely frivolous and baseless.

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 finally dispose off this petition with a direction that till submission of police report under Section 173(2) Cr.P.C., the arrest of the petitioner, namely, Km. Sapna,  who is wanted in Case Crime No. 0172 of 2017, under Sections 363, 366 IPC and 3(2) 5 S.C. & S.T. Act,  Police Station Ahraura, District Mirzapur, shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. 

Order Date :- 14.9.2017

SU.