Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13921 of 2018 Petitioner :- Samid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shadab Ali, learned counsel for the petitioner, Sri N.K. Verma, learned AGA 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 12.5.2018, registered as Case Crime No.282 of 2018, u/s 376, 504, 506 IPC, P.S. Swar, district Rampur.
Learned counsel for the petitioner submits that it is a case of blackmailing only. It appears that the victim was having some relationship with the petitioner and when her relationship could not be materialized, present FIR has been lodged by the informant against the petitioner. The victim admittedly is a major girl. The co-accused persons of the present case had earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No.13669 of 2018 in which interim protection has been granted in his favour by this Court on 25.5.2018, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Copy of the order granting interim protection in favour of co-accused supplied by learned counsel for the petitioner is taken on record.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Gaurav