Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16054 of 2019 Petitioner :- Ajeet Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Bhatt Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Anurag Bhatt, learned counsel for the petitioner, Sri Omprakash Mishra, 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 23.10.2018 registered as case crime no. 0904 of 2018, under sections 507, 509 I.P.C. and section 67 A of I.T. Act, police station- Kasna, District- Gautam Budha Nagar.
Learned counsel for the petitioner has submitted that as per the allegations made in the FIR the offence under section 67A of I.T. Act is not made out because no such indecent photos is uploaded, which is necessary ingredient of intimidation being given on behalf of the petitioner that he would upload the same.
Learned A.G.A. has contended that the accused-petitioner has exploited the respondent no. 4 by keeping her in impression that he would marry her, hence, the prayer for quashing the FIR may be refused.
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. provided he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)