Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16022 of 2019 Petitioner :- Padam Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Tomar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Vakalatnama filed by Sri Rajendra Kumar Yadav on behalf of respondent no. 3. The same is taken on record.
Heard Sri Kuldeep Singh Tomar, learned counsel for the petitioners, Sri Deepk Mishra, learned A.G.A. for the State, Sri Rajendra Kumar Yadav, learned counsel for respondent no.3 and 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 12.05.2019 registered as case crime no.0242 of 2019 u/ss. 494, 376, 323, 506 IPC, PS. Jewar, District Gautam Budh Nagar.
It has been submitted by learned counsel for the petitioners that respondent no.3 is the daughter of petitioner no.1 and she has lodged the present FIR against her father for her oblique motive and petitioner no.2 happens to be the landlady of petitioner no.1.
Learned counsel for private respondent has opposed the prayer for quashing and submits that as per the statement of respondent no.3 recorded u/s. 164 Cr.P.C, there are allegations against petitioner no.1 for committing rape upon her.
After having heard learned counsel for the parties present and perused the impugned FIR as well as other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner no.2 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. subject to her cooperation during investigation.
(ii) As far as petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Madhurima