Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4742 of 2018 Petitioner :- Ram Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Shiromani Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.S.Yadav, learned counsel for the petitioner, Sri I.P.Srivastava, 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 petitioners with a prayer to quash the FIR dated 31.10.2017 registered as Case Crime No.491 of 2017,under Sections 323,363, 366, 504 I.P.C., Police Station Bhojpur, District Moradabad.
Learned counsel for the petitioner submits that the petitioner is father of co-accused, namely, Vipin Jatav who is said to have enticed away the victim girl and on account of the said relationship the petitioner has been falsely implicated int he present case. He further submits that the co-accused Vipin Jatav along with the the victim girl has approached this Court challenging the impugned FIR by means of filing Crl. Misc. Writ Petition No.24091 of 2017 in which an interim order has been passed by Coordinate Bench of this Court on Court on 6.11.2018, copy of which is annexed as Annexure-6 (at page-33) of the writ petition, hence, petitioner is also entitled for interim order.
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 :- 26.2.2018/NS