Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23122 of 2018 Petitioner :- Dharam Pal Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Singh Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hari Mohan holding brief of Sri G.S. Chauhan, learned counsel for the petitioner and Sri G.P. Singh, learned AGA for the State.
The present petition has been filed with the prayer to direct the respondent no.2 and 3 to proceed against the respondent no.5 in a proper manner and in accordance with law and necessary action be taken accordingly.
Learned counsel for the petitioner submits that the petitioner is the father of co-accused Nitin Kushwaha who has enticed away the daughter of respondent no.5. The petitioner has been falsely implicated in the present case on account of the said relationship with the said co-accused. The son of the petitioner and daughter of respondent no.5 had approached this Court by filing Criminal Misc. Writ Petition No.22740 of 2018 in which interim protection is in their favour.
Learned AGA pointed out that there is no FIR against the respondent no.5, hence the prayer made in the present petition is misconceived and not maintainable to which learned counsel for the petitioner could not waive out the preliminary objection of the learned AGA.
The present writ petition is, accordingly, dismissed on this ground alone.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 Gaurav