Allahabad High Court
Keerti Gupta And Another vs State Of U.P. And 3 Others on 9 January, 2020
Bench: Pankaj Naqvi, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 267 of 2020 Petitioner :- Keerti Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Samit Gopal,J.
Heard Sri Sudhir Kumar, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 10.12.2019, registered as Case Crime No.397/2019, under Section 366 IPC, P.S. Bilsi, Budaun.
Learned counsel for the petitioners submits that it's a joint petition on behalf of the married coupled supported by a joint affidavit, victim is major as per her High School Marksheet / Certificate which reflects her date of birth as 20.7.1998, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 9.1.2020 Chandra