Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34235 of 2018 Petitioner :- Manoj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A.
Learned counsel for the petitioner contends that as per medical report of the victim, she is 18-19 years of age. It is thus contended that the petitioner has been falsely implicated in the present case. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
The submission made by learned counsel for the petitioner, prima facie appears to have substance. The matter requires consideration.
Learned A. G. A. has accepted notice on behalf of respondent nos. 1 to 3. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to the respondent no. 4 indicating therein that he may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested pursuant to the impugned FIR dated 4.8.2018 lodged in Case Crime No. 0152 of 2018, under Sections 363 and 366 IPC and 8 of POCSO Act, Police Station Mlawan, District Etah.
List and connect alongwith Criminal Misc. Writ Petition No. 19436 of 2018.
Order Date :- 28.11.2018 AK Pandey