Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7508 of 2018 Petitioner :- Pramod Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Krishna Datta Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri K.D.Tiwari,learned counsel for the petitioner,Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 14.7.2017 registered as Case Crime No.541 of 2017, under Sections 363, 366 I.P.C., Police Station Izzat Nagar, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only account of the fact that he is driver of the truck in question where the co-accused Babloo was cleaner. He further submits that from perusal of the statement of the victim recorded under Section 164 Cr.P.C., it appears that she was having affair with co-accused Babloo and she voluntarily eloped with him and the allegation has been levelled against the co-accused Babloo and co-accused Babloo has already got himself bailed out from the competent court. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.3.2018/NS