Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20064 of 2019 Petitioner :- Jalal Uddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhinab Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Abhinab Mishra, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 1.7.2019 registered as case crime no. 0221 of 2019 under sections 376 & 506 I.P.C., police station Jahanabad, District Pilibhit.
Learned counsel for the petitioner submits that the victim- Respondent No.3, Samreen is a major girl as per FIR and both of them have married each other. It is next submitted that the present FIR was lodged by the victim-Respondent No.3, Samreen under the influence of her father. The victim/respondent no.3 is the deponent of the present case. It is next submitted that the petitioner has been falsely implicated in the present case levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika