Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26733 of 2018 Petitioner :- Rahul And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Vinod Kumar Kushwaha,Kuldeep Singh Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K. Kushwaha, learned counsel for the petitioners, Sri N.K. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 16.7.2018 registered as case crime no. 322 of 2018 under sections 354, 506 I.P.C. and 7/8 POCSO Act, police station Gabhana, District Aligarh.
Learned counsel for the petitioners submits that the petitioners are real brothers. They have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations against them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shiraz