Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25790 of 2018 Petitioner :- Sanjay Rana And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Upadhyay, 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 6.8.2018 registered as case crime no. 798 of 2018 under sections 376, 506 I.P.C., police station Majhola, District Moradabad.
Learned counsel for the petitioners submits that respondent no. 3, who is admittedly is a major girl, was having some affair with the petitioner no. 1 and when the said relationship could not be materialize she lodged the present F.I.R. against petitioner no. 1 along with his family members including his minor brother levelling false and frivolous allegations, 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 they 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 :- 17.9.2018 Shiraz