Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19826 of 2019 Petitioner :- Sandeep Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem,Ashish Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mohammad Nadeem, learned counsel for the petitioner, Sri Irshad Hussain, 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 1.5.2019 registered as case crime no.62 of 2019 under sections 366 I.P.C., police station Kagaraul, District Agra.
Learned counsel for the petitioner submits that as per FIR victim is major and she has been enticed away by the co-accused persons, Banti and Sandeep . It is further submitted that the petitioner is the brother-in-law (Jeeja) of Banti and he has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, 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 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Deepika