Ranjeet @ Ranjeet Pal v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4719 of 2023 Petitioner :- Ranjeet @ Ranjeet Pal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Anshu Singh,Krishna Kumar Singh Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel appearing for the accused-petitioner and learned Additional Government Advocate appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the FIR No.188 of 2023 registered under Section 363 IPC, Police Station Baghauli, District Hardoi on allegation that the accused-petitioner had enticed away the prosecutrix aged around 17 years on 26.05.2023.

¶3The prosecutrix has been recovered and her statements have been recorded under Sections 161 and 164 Cr.P.C. As per the investigation so far carried out, her date of birth is 04.08.2006 as per her school certificate and, therefore, on the date incident she was minor. The prosecutrix is lodged in Bal Sudhar Grah, Lucknow.

¶4Prima facie it has been found that offences under Sections 363, 366 IPC are established against the accused-petitioner.

¶5Considering the written instructions tendered today in the Court by Sri S.P. Singh, learned A.G.A., this Court finds no ground to interfere with the impugned FIR and, therefore, the petition is dismissed. However, if the petitioner surrenders before the trial court and applies for bail within a period of 10 days from today, his bail application shall be considered expeditiously in accordance with law.

¶6For a period of 10 days from today, the petitioner shall not be arrested. (Syed Qamar Hasan Rizvi, J.) (Dinesh Kumar Singh, J.) Order Date :- 21.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench