Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20584 of 2018 Petitioner :- Nitin @ Umesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishan Mohan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.M. Mishra, learned counsel for the petitioner, 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 with the prayer to quash the F.I.R. dated 26.5.2018, registered as Case Crime No.386 of 2018, u/s 376 IPC, P.S. Kosikalan, District Mathura.
Learned counsel for the petitioner submits that initially FIR was registered u/s 354(D), 328, 506 IPC and subsequently when the petitioner was granted bail by the court below for the said offence. On 13.6.2018, the statement of the prosecutrix was recorded u/s 164 Cr.P.C. wherein she has levelled allegation of rape against the petitioner but the medical examination of the prosecutrix has not been conducted, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 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 Gaurav