ANIL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.G.A who has accepted notice on behalf of opposite party nos. 1 & 2. Issue notice to opposite party no. 3 returnable at an early date. Let counter affidavit be filed by the respective opposite parties within six weeks and rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case after expiry of the aforesaid period. Under challenge is the FIR relating to Case Crime No. 86 of 2009, under Sections 363, 366 I.P.C, Police Station Manak Nagar, District Lucknow lodged by respondent no.3 to the effect that his daughter Aradhna Yadav has not come back to the house after she had gone out at 4.30 p.m. and her whereabouts are not known. It seems that during investigation, petitioner's name came into the light. This petition for quashing the F.I.R has been filed on the ground that the petitioner has married with Aradhna Yadav, who is major as is clear from the High School certificate. and as such, FIR be quashed. In view of the aforesaid facts and circumstances, we direct that the petitioner shall not be arrested in the aforesaid case crime number until further orders of this Court or till submission of charge sheet, whichever is earlier. Investigation shall go on and the petitioner shall cooperate in it.