- Court
- High Court of Judicature at Allahabad
- Decided
- 18 October 2023
- Case no.
- CRLP 16120/2023
Judgment
Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16120 of 2023 Petitioner :- Danish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- T. Islam Counsel for Respondent :- G.A.,Gyan Prakash Mishra Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
¶1Heard Shri T. Islam, learned counsel for the petitioner and learned A.G.A for the State respondents.
¶2The relief sought in this petition is for quashing of the F.I.R. dated
23.09.2023, registered as Case Crime No. 0382 of 2023, under Sections 363 and 120B IPC, Police Station Gulauthi, District Bulandshahar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
¶3Submission of learned counsel for the petitioner is that petitioner is maternal uncle of Rehan against whom allegation is that he has taken away the minor daughter of the informant. It was submitted that father of Rehan had already lodged an FIR on 14.09.2023, under Section 363 IPC against unknown persons that his son Rehan is missing who was living in a hostel.
¶4On query it is pointed out that minor girl is still missing. Learned counsel for the petitioner submits that Rehan is also missing.
¶5Learned AGA opposed the prayer for quashing of the FIR, and submits that minor girl is still missing as such cognizable offence has been made out.
¶6Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
¶7Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
¶8The present petition is dismissed. Order Date :- 19.10.2023 Ujjawal High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.