- (1.) Heard Sri. Sunil Kumar, Advocate holding brief of Sri. Manoj Vashisth appearing for the petitioners, learned A.G.A. for the respondents Nos. 1, 2 & 3 and Sri. Mohit Kumar, Advocate appearing for the respondent No.4.
(2.) This writ petition under Article-226 has come up with a prayer of issuance of a writ of certiorari for quashing First Information Report (hereinafter referred to as the F.I.R.) dated 01.07.2015 registered as Case Crime No. 241 of 2015, under Sections-363, 366, 506, I.P.C., P.S.Dilari, District-Moradabad copy whereof has been filed as Annexure No.1 to the writ petition.
(3.) The allegations contained in F.I.R. are that Km. Gulista, a minor girl of 16 years was enticed and kidnapped by Saddam S/o Munajir, Village-Lalapur Pipal Sana, P. S.-Thakur Dwara, District-Moradabad on 26th May, 2015 whereagainst informant's husband Akram lodged F.I.R. dated 30th May, 2015 (Case Crime No. 191 of 2015) under Sections 363, 366, IPC at P.S. Dilari, District-Moradabad. The police recovered the girl. Her statement under Section 164, Cr.P.C. was recorded before the Magistrate. After medical examination and also on the basis of her statement, she was given in custody of her father Sri. Akram (husband of the informant). On 30th June, 2015 when informant's husband had gone to Kashipur to meet some relatives, in the night, around 10:00 p.m., Saddam along with 03 accompanies i.e. Ashraf, Irfan and Abrar entered the house of informant carrying "Tamancha" and extended threat to life of the informant. The girl was again taken away by them. The informant is apprehensive of murder of her daughter.;