Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25727 of 2018 Petitioner :- Mahendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Umesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Umesh Kumar Dubey, 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 with the prayer for quashing the F.I.R. dated 20.08.2018 registered as Case Crime No. 202 of 2018, under Sections 500, 376 I.P.C., Police Station Babupurwa, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with mala fide intention. He further submits that respondent no.3 who is a major girl has married the petitioner and is living with him as on date happily and under the pressure of her family members and relatives she lodged the impugned F.I.R. against the petitioner, the said fact is mentioned in para no. 5 of the present writ petition. 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 F.I.R.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Ashok Gupta