Raman Kumar And Another vs State Of U.P. And 2 Others
2019 Latest Caselaw 5886 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44 
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15912 of 2019
 
Petitioner :- Raman Kumar And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shailesh Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri S.S. Yadav, learned counsel for the petitioners, Sri Chandra Dutt, learned counsel for the private respondent and learned AGA for the State. Perused the record.

Learned counsel for the private respondent stated that though he has already filed his power, his name is not shown.

This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 16.5.2019 registered as case crime no. 0437 of 2019 under sections 363 I.P.C., police station Ghatampur, District Kanpur Nagar.

Learned counsel for the petitioner states that petitioner no.2 has already been arrested and has been sent to nari niketan. He further states that as per Adhar Card, petitioner no.2 (victim) is major.

Sri Chandra Dutt, learned counsel for the private respondent has vehemently submitted that the Adhar Card was forged one and as per her academic record of Class-VIII, she is minor.

In view of the above, we are not inclined to interfere into the matter.

After passing of the aforesaid order, learned counsel for the petitioner states that the petition may be dismissed as withdrawn in order to enable petitioner no.1 to avail the remedy under Section 438 Cr.P.C.

Learned counsel for the petitioner/s submits that he is not pressing this petition so far as it relates to quashing of impugned FIR. He further submits that in view of the notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, provisions of anticipatory bail have been made applicable in the State of Uttar Pradesh and, therefore, the petitioner/s may be permitted to withdraw this petition with liberty to file an application under Section 438 of Cr.P.C. before the competent Court.

Counsel for the petitioner/s further submits that Registry may be directed to return certified copy of the F.I.R.

Learned State Counsel has no objection to this proposition.

The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.

Needless to state that in the eventuality of filing any such application by the petitioner/s, the same would be decided in accordance with law.

Registry is directed to return the certified copy of the FIR to the counsel for the petitioner/s after accepting xerox copy of the same.

(Raj Beer Singh, J.) (Ramesh Sinha, J.)

Order Date :- 9.7.2019

Deepika