High Court of Judicature at Allahabad
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Smt. Seema And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10207 of 2004  RD-AH 12713 (1 August 2006)
Crl. Misc. Writ Petition No. 10207 of 2004
Hon'ble Sushil Harkauli, J.
Hon'ble G.P. Srivastva, J.
A counter affidavit has been filed by the learned A.G.A. Today. We have examined the averments of the First Information Report. It appears that the daughter of the complainant has absconded with the boy. The High School certificate seems to indicate that the girl is of the age of majority and the averment in the First Information Report that she is minor is incorrect allegation by the complainant. The First Information Report has named as accused at least 3 ladies among the 8 accused. The arrest of the petitioners, 3 of whom are ladies, was stayed by an interim order of this Court dated 15.12.2004 i.e., almost 1½ years ago.
The counter affidavit filed by the A.G.A., has been sworn on 9.2.2005 and it does not say anything worthwhile regarding the evidence, which may have been collected during investigation showing the involvement of each of or some of the 5 petitioners.
In these circumstances, we dispose of this writ petition finally by directing that the petitioners will not be arrested in case crime No. 1183 of 2004 under sections 363/366/368 I.P.C., P.S. Rajghat, district Gorakhpur, unless it is decided to submit a charge sheet against all or some of the petitioners.
The writ petition is disposed of as above.
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