Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10667 of 2018 Petitioner :- Amit Mehta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Sanjay Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Rajesh Kumar Verma and Sri Manoj Kumar Gupta, Advocate, have filed their Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.
Heard Sri Sanjay Srivastava, learned counsel for the petitioner, Sri Rajesh Kumar Verma and Sri Manoj Kumar Gupta, learned counsel for respondent no.3, Sri N.K.Verma, learned AGA for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR No.257 of 2018, dated 14.3.2018, under Section 394 I.P.C., Police Station Izzatnagar, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is the husband of one Shilpi Saxena who lodged an FIR against respondent no.3 which was registered as Case Crime No.80 of 2017, under Sections 376, 352, 452, 506 I.P.C., Police Station Mahila Thana, District Bareilly, on account of which the present FIR has been lodged by respondent no.3 against the petitioner and brother Amit Saxena on the basis of an application under Section 156(3) Cr.P.C. levelling false and frivolous allegation though no offence is made out against the petitioner, hence, the FIR is liable to be quashed by this Court.
Learned counsel for respondent no.3 as well as learned A.G.A. opposed the prayer for quashing of the FIR and submitted that the victim sustained grievous injury.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018/NS