Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10500 of 2018 Petitioner :- Manish Kumar Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Kumar Rai, learned counsel for the petitioners, Sri Narendra Tiwari, learned brief holder 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 18.03.2018, registered as Case Crime No. 157 of 2018, under Sections 323, 504, 506, 452, 376, IPC, Police Station Shivpur, District Varanasi.
Learned counsel for the petitioners submitted that the petitioner no.1 and the respondent no.3 were having some relationship and when the petitioner no.1 refused to marry with the respondent no.3, the present FIR was lodged against the petitioner no.1 and his brother and friend i.e. the petitioner nos. 2 and 3, hence the present FIR be quashed.
Learned A.G.A. for the State opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 :- 24.4.2018 VKG