This court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR for kidnapping. The bench held that the FIR prima facie made out a case, and no extraordinary jurisdiction should be exercised.
The writ petition for quashing of the FIR is dismissed.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 424 of 2020
Petitioner :- Geeta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.,Sachin Kumar Sharma
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Nagendra Kumar Singh, learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 to 3 and Sri Sachin Kumar Sharma, learned counsel for the respondent no.4.
The petitioners have filed this petition for the quashing of the FIR dated 7.12.2019 lodged by respondent no.4 under Sections 363, 366 IPC, Police Station Kunwar Gaon, District Budaun.
The FIR alleges that the daughter of the respondent no.4, who is aged about 16 years has been abducted/kidnapped by the petitioners and despite rigours efforts she could not be traced out. The petitioners are named in the FIR.
In view of the above, we are of the opinion that as the FIR prima facie makes out a case under Sections 363 and 366 IPC. It is not a matter in which we should exercise our extraordinary jurisdiction.
The writ petition is accordingly, dismissed .
Order Date :- 27.1.2020 Mini
1 issue framed by the court
Whether the court should exercise extraordinary jurisdiction to quash the FIR alleging kidnapping under Sections 363 and 366 IPC.
Geeta And Another
State Of U.P.
1 Other
2 Other
3 Other
Respondent No.4
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
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