Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13970 of 2018 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sajiwan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Mishra, learned counsel for the petitioner, Sri N.K. Verma, 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 16.5.2018 registered as case crime no. 429 of 2018 under sections 376, 323, 506 I.P.C., police station Hathras Gate, District Hathras.
Learned counsel for the petitioner submits that petitioner is the brother-in- law of respondent no. 3. After the death of father of respondent no. 3, the petitioner and his wife, who is co-accused and real sister of respondent no. 3, had brought her for taking care of her welfare but she lodged the present F.I.R. against the petitioner and her real sister for ulterior motive, 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 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 :- 29.5.2018 Shiraz