Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25705 of 2018 Petitioner :- Prasant @ Prasant Sarswat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghubir Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Rakesh Kumar Singh, Advocate, has filed a short supplementary affidavit along with his Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.
Heard Sri Raghubir Singh, learned counsel for the petitioner, Sri Rakesh Kumar Singh, learned counsel for respondent no.3, Sri N.K.Verma, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 8.8.2018, registered as case crime No.1607 of 2018, under Sections 376, 506 & 120-B I.P.C., P.S. Sihani Gate, District Ghaziabad.
Learned counsel for the petitioner submits that though the FIR was lodged against the petitioner with an allegation of rape, but she subsequently she made statement under Section 164 Cr.P.C. as well as filed an affidavit denying the incident and stated that under some mis-communication, she lodged the impugned FIR. He further submits that the petitioner has been arrested by the police and at present is confined in jail in the present case, hence, some observation may be given by this court for consideration of the said affidavit.
Learned counsel for respondent no.3 has admitted the aforesaid facts as argued by learned counsel for the petitioner.
Considered the submissions advanced by learned counsel for the parties. We are not inclined to interfere in the matter, as the petitioner has already been arrested and sent to jail in the present case.
Accordingly, the writ petition is dismissed with a liberty to the petitioner to avail appropriate legal remedy against his release.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 17.9.2018/NS