Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10820 of 2018 Petitioner :- Mohan Swaroop Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Verma, 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 by the petitioner with a prayer to quash the F.I.R. dated 8.2.2018 registered as case crime no. 30 of 2018 under sections 377, 506 I.P.C., police station Shergarh, District Bareilly.
Learned counsel for the petitioner submits that the incident is said to have taken place in a marriage ceremony. The falsity of the case is apparent from the fact that even the bridegroom has not been left and he too had been named in the present F.I.R. along with five other co-accused persons, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 he 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 :- 27.4.2018 Shiraz