Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7230 of 2018 Petitioner :- Sachin Malik Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Ramesh Chandra Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.C. Gupta, learned counsel for the petitioner, Sri R.K. Mishra, 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 3.3.2018, registered as Case Crime No.192 of 2018, u/s 363, 366 IPC and 7/8 POCSO Act, P.S. Kotwali Shamli, district Shamli.
Learned counsel for the petitioners submits that the petitioner is not named in the FIR. The FIR was lodged against co-accused Mohit. The victim is admittedly living at her parent's house. The police is harassing the petitioner without there being cogent evidence against him, hence present FIR lodged against the petitioner be quashed.
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.
The case of the applicant is distinguishable from the case of co-accused Mohit who is named in the FIR.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.3.2018 Gaurav