Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26467 of 2018 Petitioner :- Masuk Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ajit Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajit Singh, learned counsel for the petitioner, Sri Gambhir 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 impugned F.I.R. dated 21.08.2018 registered as Case Crime No. 503 of 2018, under Sections 376, 377, 452, 506 I.P.C., Police Station Mudhapandey, District Moradabad.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the petitioner happens to be the elder brother of co- accused, namely, Shahrukh and mother of the petitioner had made some complaint against private respondent no.5. He next submitted that the main allegation is against the co-accused Shahrukh. 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.
The case of the petitioner is distinguishable from the case of the other co- accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Ashok Gupta