Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37163 of 2018 Petitioner :- Gopal Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and Mohd. Nadeem, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR, which has been registered as Case Crime No. 401 of 2018, under Sections 366, 376, 342, 323 IPC, P.S. Kotwali, District Bareilly.
Heard counsel for the parties. We have also perused the First Information Report and also the fact that the Habeas Corpus Writ Petition was dismissed, copy of order has been annexed on page 27 of the writ petition which clearly shows that girl has given statement that marriage was performed under intimidation and she was subjected to thrashing and beating.
However, without expressing any opinion on the merits of the case, it is directed that in case the petitioner appears and surrenders before the courts below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
With the aforesaid direction, the instant writ petition is disposed of finally.
Order Date :- 18.12.2018 V.S.Singh