Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20407 of 2018 Petitioner :- Narendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Sunil Kumar Singh has filed vakalatanam on behalf of respondent no. 3 which is taken on record.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner, SriSunil Kumar Singh, learned counsel for the respondent no. 3, Sri N.K. Verma, 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 06.07.2018 registered as case crime no.103 of 2018 under sections 307, 376D, 452, I.P.C., police station Bachharau, District J.P. Nagar.
Learned counsel for the petitioners submits that the respondent no. 4 who is a married lady aged about 22 years has lodged against the petitioner levelling the allegation of rape. It is further pointed a Habeas Corpus Petition No.62276 of 2017 has been filed by the brother of the petitioner for custody of respondent no. 3 which is likely to come tomorrow before another bench of 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 petitioner 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 :- 30.7.2018 AU