Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10607 of 2018 Petitioner :- Km. Mridula Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Singh Counsel for Respondent :- G.A.,Pradeep Kumar,Ram Shish Ram
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mukesh Kumar Singh, learned counsel for the petitioner, Sri Ram Shish Ram, learned counsel for the private respondent, 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 29.3.2018 registered as case crime no. 0121 of 2018 under sections 419, 420 IPC, police station Kotwali, District Ghazipur.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.3 against the petitioner. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations and taking into account the fact that the victim is unmarried girl of 26 years age and is on her first posting., 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 she shall co-operate with the investigation of the case.
The case of the petitioner is distinguishable with the case of the other co- accused.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.4.2018 AU