Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22068 of 2019 Petitioner :- Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shankar Prasad Counsel for Respondent :- G.A.,Shravana Kumar Yadav
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Kripa Shankar Prasad, learned counsel for the petitioner, Sri Shravana Kumar Yadav, learned counsel for the informant, and Sri I.P.S. Rajpoot, learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 15.9.2019 in Case Crime No. 386 of 2019, under Sections 366 IPC, P.S. Chilkana, District- Saharanpur.
It is submitted by the learned counsel for the petitioner that in the impugned F.I.R. the victim is reported to be aged around 20 years. The victim is reported to be married with petitioner.
Per contra, the learned A.G.A and learned counsel for the informant have opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 A. Pt. Singh