Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5168 of 2018 Petitioner :- Rahul Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Arvind Kumar, 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 15.2.2018 registered as Case Crime No.148 of 2018, under Section 366 I.P.C., Police Station Doghat, District Baghpat.
Learned counsel for the petitioner submits that the petitioner is brother of co-accused Sonu who is said to have enticed away the victim girl and on account of the said relationship, he has been falsely implicated in the present case. The co-accused Sonu and victim girl have not yet been recovered. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR 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 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 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 :- 28.2.2018/NS