Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10487 of 2018 Petitioner :- Pushpraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Gaur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Deepak Gaur, learned counsel for the petitioners, Sri Narendra Tiwari, learned brief holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 26.01.2018, registered as Case Crime No. 0076 of 2018, under Section 420, 376, IPC, Police Station Shikohabad, District Firozabad.
Learned counsel for the petitioner submits that present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention. From the perusal of the FIR, no offence is made out against the petitioner. He further submitted that informant is a major girl and a post graduate student.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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 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 :- 24.4.2018 VKG