Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14543 of 2018 Petitioner :- Amit Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.P. Dwivedi, learned counsel for the petitioners, Ms. Manju Thakur, 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 26.3.2018 registered as case crime no. 51 of 2018 under sections 323, 354 Kha, 506, 376 I.P.C., police station Vindhyachal, District Mirzapur.
Learned counsel for the petitioners submits that earlier the F.I.R. of the present case was lodged under section 323, 354 Kha, 506 I.P.C. in which the petitioners have been granted bail by the competent court. Thereafter on the basis of statement of the victim recorded under section 164 Cr.P.C. offence under section 376 I.P.C. has been added. He submits that from a perusal of the statement of the victim recorded under section 164 Cr.P.C. it appears that she was a consenting party, hence the present F.I.R. is liable to be quashed by this Court.
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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 31.5.2018 Shiraz