Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10426 of 2018 Petitioner :- Kapil Nigam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azhar Hussain Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.Z. Khan, Advocate holding brief of Sri Azhar Hussain, learned counsel for the petitioner, Sri N.K. Verma, 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 30.03.2018 registered as case crime no.398 of 2018 under sections 452, 420, 494, 376, IPC and 66 (A) I.T. (Amendment) Act, 2000, police station Jagdishpura, District Agra.
Learned counsel for the petitioner submits that the respondent no.4 who is major girl had some relationship with the petitioner and when the relationship could not materialize, present FIR has been lodged..
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. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 AU