Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26633 of 2018 Petitioner :- Devendra Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Piyush Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Piyush Dubey, learned counsel for the petitioner, Sri N. K. Verma, 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 01.09.2018 registered as Case Crime No. 0976 of 2018, under Sections 376, 506 and 67A I.T. Act, Police Station Tajganj, District Agra.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that respondent no.3 was a major girl and it appears that she was having some relationship with the petitioner for the last 4 years or so but their relationship could not be materialized, on account of which the present F.I.R. has been lodged against the petitioner levelling absolutely false, frivolous and baseless allegations, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of 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 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 :- 25.9.2018 Ashok Gupta