Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20676 of 2018 Petitioner :- Narveer And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Narayan Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 petitioners with a prayer to quash the F.I.R. dated 07.07.2018 registered as case crime no. 438 of 2018 under sections 354, 323, 506, 376D I.P.C., Police Station Kant, District Shahjahanpur.
Learned counsel for the petitioners submits that the victim, who is the informant of the case has lodged the FIR against the petitioners, who are three brothers for the offence under Section 354, 323, 506 I.P.C. but subsequently to give serious colour to the present incident allegation of rape has been made against the all three brothers.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they 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 :- 31.7.2018 S.K.