Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19935 of 2018 Petitioner :- Dhannu @ Amrendra Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri N.L. Tripathi, 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 16.7.2018, registered as Case Crime No.102 of 2018, u/s 376, 342, 506 IPC and 3/4 D.P. Act, 3(2)(5) SC/ST Act, P.S. Sikariganj, district Gorakhpur.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of political ill- will. Moreover there is no allegation against the petitioner as the same is against co-accused Ram Chandra, hence present FIR lodged against the petitioner be quashed.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co- accused Ram Chandra.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Gaurav