Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23184 of 2018 Petitioner :- Gurnam Singh @ Gurnam Fauji Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Subhash Chandra Yadav, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.08.2018, registered as case crime No.0435 of 2018, under Sections 354, 354-A, 504, 506, 323, I.P.C., and Section 7/8 Protection of children from Sexual Offences Act, 2012, P.S. Kithore, District Meerut.
Learned counsel for the petitioner submits that the brother of petitioner is running a petty shop and the main allegation is against the brother of petitioner namely co-accused Deepak, who is in jail. He further submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of co-accused Deepak.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 VKG