Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22014 of 2019 Petitioner :- Mukesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Pradeep Singh Sengar learned counsel for the petitioner and Sri A. N. Mulla learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 8.9.2019 in case crime No. 0095 of 2019, under Sections 376 IPC, P.S. Haldi, District Ballia.
It is submitted by learned counsel for the petitioner that on the allegations made in the FIR itself, a consensual relationship from 2014 is made out against the petitioner, all the allegations to the contrary are false / mischievous, victim has attained the age of majority, no offences are made out, FIR be quashed. He placed reliance on a decision of the Apex Court in the case of Pramod Suryabhan Pawar vs. The State of Maharashtra and another in Criminal Appeal No. 1165 of 2019, decided on 21.8.2019.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 27.9.2019 AS