Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14550 of 2018 Petitioner :- Sabir Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
Heard Sri Manu Saxena, learned counsel for the petitioner, Ms. Manju Thakur, 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 11.5.2018 registered as case crime no. 137 of 2018 under section 376, 506 I.P.C., police station Kadar Chowk, District Badaun.
Learned counsel for the petitioner submits that respondent no. 5 is the wife of cousin brother of petitioner. There was some property dispute between them on account of which she lodged the present F.I.R. against the petitioner, who is already a married person having an elderly daughter aged about 18 years, hence the present F.I.R. 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 he 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 :- 31.5.2018 Shiraz