Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16131 of 2019 Petitioner :- Lavlesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Singh Chandel Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri V.K.S. Chandel, learned counsel for the petitioner, Sri G.P. 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 with the prayer to quash the F.I.R. dated 3.2.2019, registered as Case Crime No.299 of 2019, u/s 376, 323, 452, 504, 506 IPC, P.S. Indrapuram, district Ghaziabad.
Learned counsel for the petitioner submits that the present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention with respect to incident took place two years before i.e. 15.3.2017. He further submits that no medical examination has been conducted of the victim. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Gaurav