Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26687 of 2018 Petitioner :- Hanuman Sharan Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Manoj Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K.Srivastava, 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 31.8.2018, registered as case crime No.592 of 2018, under Sections 452, 376, 506 I.P.C., P.S. Karvi Kotwali Nagar, District Chitrakoot.
Learned counsel for the petitioner submits that the petitioner is petitioner is real Jeth of respondent no.4 and has been falsely implicated in the present case with malafide intention. He further submitted that the respondent no.4 is wife of younger brother of petitioner, namely, Bharat Sharan who died on account of ailment and it is stated that after death of her respondent no.4, respondent no.4 developed some illicit relationship with the real nephew of the petitioner, namely, Santosh Kuamr, for which a divorce suit was filed by wife of the real nephew of the petition, which is stated to be pending. He further argued that the said illicit relationship of the respondent no.4 with real nephew of the petitioner was objected by the petitioner, on account which the petitioner has been falsely implicated in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to 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 he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018/NS