Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22899 of 2018 Petitioner :- Nitesh Kumar Anand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kartikeya Saran, learned counsel for the petitioner, Sri Deepak Mishra, 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 11.08.2018 registered as case crime no. 0800 of 2018 under sections 376, 313 & 506 I.P.C., police station Lanka, District Varanasi.
Learned counsel for the petitioner submitted that it is alleged in the F.I.R. that present petitioner has developed relationship with respondent No.4 and under the pretext of marriage, he established physical relationship with her but respondent No.4 is already a major girl and earlier married to one Mr. Praveen Shankar Chaubey, the said fact is mentioned in para 14 of affidavit. Learned counsel for the petitioner further stated that the present case has been lodged against the petitioner with some ulterior motive.
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 writ petition is finally disposed of. (Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 23.8.2018 A. Mandhani