Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16138 of 2019 Petitioner :- Amit Tyagi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K. Pandey, learned counsel for the petitioners, Sri G.P. 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 with the prayer to quash the F.I.R. dated 27.2.2019, registered as Case Crime No.202 of 2019, u/s 498-A, 323, 504, 506, 376, 377 IPC and 3/4 D.P. Act, P.S.
Devband, district Saharanpur.
Learned counsel for the petitioners submits that the allegations levelled under Section 376 IPC is against the petitioner no.1 who is the husband of the informant and also against petitioner no.2 who is the father-in-law which is highly improbable. He further submits that medical examination of the victim has not been conducted. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 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 Gaurav