Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 2767 of 2021 Petitioner :- Deepak Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Suresh Pratap Singh,Kunwar Abhishek Singh Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No. 0097 of 2021, under Sections 376, 354, 323, 504, 506 IPC and Section 3(2)(v), 3(1)(w)(i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (Amendment 2015), P.S. Khalilabad, District Sant Kabir Nagar, with a further prayer to stay his arrest during pendency of investigation of the said case.
The allegations in the impugned FIR in nutshell are that the petitioner while taking the victim in confidence that he will marry her she being a widow, established physical relationship with her since last eight years. Now he has turned dishonest and is refusing to marry.
Counsel for the petitioner does not dispute that the FIR discloses commission of cognizable offence. Consequently, no case is made out to quash the FIR.
The petition lacks merit and is dismissed. This is without prejudice to the right of the petitioner to seek anticipatory bail/bail, as may be maintainable or advised. If any such recourse is taken, the bail application shall be disposed of expeditiously, without being influenced by any observation made in the instant order.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 26.5.2021 Jaideep/-