Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23948 of 2018 Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Desh Ratan Chaudhary Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.R. Chaudhary, 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 31.7.2018 registered as case crime no. 0242 of 2018 under sections 376, 323, 506 I.P.C., police station Jawan, District Aligarh.
Learned counsel for the petitioners submits that the petitioner is neighbour of respondent no. 4 and the husband of the petitioner no.4 had taken money from the petitioner with a promise that the same will be returned within few days but he has not returned the same. He states that the respondent no. 4 who is a married lady has levelled the allegation of rape upon the petitioner. The present FIR on the basis of an application under section 156 (3) Cr.P.C. with the allegation that the petitioner has committed rape upon the respondent no. 4 for the last six month is highly improbable.
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 :- 30.8.2018 AU