Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16105 of 2019 Petitioner :- Aabid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Sanjay Pathak, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 11.2.2019 registered as case crime no. 0028 of 2019, under Sections 363, 366 IPC and Section 7/8 of POCSO Act, P.S. Gabhana, District Aligarh.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court. It is further contended by learned counsel for the petitioner that the victim in her statement said to have been recorded under Section 164 Cr.P.C. has not deposed anything against the petitioner and has made allegation against co accused Manish and Firoz and the case of the present petitioner is distinguishable from that of co accused Manish and Firoz.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh