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2019 DIGILAW 2122 (ALL)

Anjali v. State of U. P.

2019-09-13

PANKAJ NAQVI, SURESH KUMAR GUPTA

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JUDGMENT : 1. Heard Sri Devendra Kumar Mishra, learned counsel for the petitioners, Sri D.N. Mishra, learned counsel for the respondent no. 3 and Sri Samir Shanker, learned A.G.A. 2. 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 15.08.2019 in Case Crime No. 208 of 2019, under Sections 363,366 & 506 IPC, P.S.Gajner, District- Kanpur Dehat. 3. It is submitted by learned counsel for the petitioners that the victim in her statement under Section 164 Cr.P.C. has expressed a desire to go with the petitioner no. 2-Bhukkhan @ Santosh Singh. 4. Learned AGA has opposed the submission on the ground that there is nothing on record to indicate the age of the victim, no interference is called for in this jurisdiction. 5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail. 6. The writ petition is dismissed. 7. It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.