Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16209 of 2019 Petitioner :- Chandra Prakash Singh @ Raj Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munesh Kumar Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Munesh Kumar, learned counsel for the petitioners, Sri Vimal Kumar Pandey, 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 18.05.2019, registered as Case Crime No. 177 of 2019, under Sections 376, 313, 420 I.P.C., Police Station Panki, District Kanpur City.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by the informant. In the first information report itself, it is admitted by the respondent no. 3, who is victim, that she was staying with the petitioner on her own free will for a long time and established physical relationship on assurance given by the petitioner that he would marry her but later on the petitioner married some other lady. He further submits that the victim was a consenting parity and only on the basis of contents made in the first information report, the case of rape is not made out. The petitioner is innocent, hence the first information report lodged against them is liable to be quashed.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 sailesh