Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14404 of 2018 Petitioner :- Sanjay Alias Sanjay Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Bhardwaj,Pramod Bhardwaj Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pawan Kumar Bhardwaj, 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 19.05.2018 registered as case crime no. 129 of 2018 under sections 376D and 506 I.P.C., police station Jawan, District Aligarh.
Learned counsel for the petitioners submits that as per 164 Cr.P.C. statement of the victim, it has been stated by her that the petitioner did not commit any offence of rape upon her. Victim and co-accused Vishesh were old friend and were having live-in relationship since last more than 9 years.
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.
The case of the present petitioner is distinguishable with the case of co-accused persons.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 AU