Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23512 of 2018 Petitioner :- Balvindra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uday Gopal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Uday Gopal, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. 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 dated 23.9.2017, registered as case crime No.2525 of 2017, under Sections 328, 376, 406 I.P.C., P.S. Sahibabad, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the respondent no.4 came into contact with the petitioner through facebook and she established some relationship with the petitioner and when their relationship could not materialize, she lodged the impugned FIR against the petitioner levelling absolutely false and frivolous allegations.He further submitted that the respondent no.4 is already a married woman. The allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
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 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 :- 28.8.2018/NS