Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16589 of 2019 Petitioner :- Deepak Kapoor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Surendra Kumar Tripathi, learned counsel for the petitioner, Sri Irshad Hussain, 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 impugned F.I.R. dated 28.05.2019 registered as Case Crime No. 414 of 2019, under Sections 376, 342, 328, 506 and 120B I.P.C., Police Station- Sadar Bazar, District- Agra.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing the F.I.R.
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.
Order Date :- 14.6.2019 Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)