Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17365 of 2017 Petitioner :- Prajwal Choudhary And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tejasvi Misra,Shesh Mani Misra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Tejasvi Misra, learned counsel for the petitioners and Sri Pawan Shukla, learned A.G.A. for the State and perused the record.
This writ petition has been filed with a prayer to quash the impugned FIR dated 14.7.2017 in Case Crime No. 0410 of 2017, under Sections 354 IPC and Section 66 Information Technology (Amendment) Act, 2008 P.S. Noida Phase-II, District Gautam Budha Nagar.
Learned counsel for the petitioners submitted that earlier an FIR was lodged against the petitioners by the respondent no. 4 under Section 498A, 323, 504, 506, 377, 376, 511 IPC and 3/4 D.P. Act only and the case of the petitioner no. 1 was dismissed and other petitioners were granted interim relief and, thereafter, the present FIR again has been lodged by the respondent no. 4 against the petitioners for the offence only changing the address of the petitioners.
Learned A.G.A. opposed the prayer for quashing and pointed out that petitioner no. 1, who was also co-accused and husband of the victim girl, is not occurring bail.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner nos. 2 to 4 shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
(i) As far as petitioner no. 1 is concerned the petition stands dismissed. With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 A.P. Pandey