Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10435 of 2018 Petitioner :- Saurabh Srivastava Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nitesh Kumar Srivastava,Anjali Singh,Manvendra Nath Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nitesh Kumar Srivastava, 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 5.4.2018 registered as case crime no. 299 of 2018 under sections 376, 506, I.P.C. and section 66 of I.T. (Amendment) Act, 2008 police station Cantt., District Gorakhpur.
Learned counsel for the petitioners submits that the respondent no. 5 has lodged the impugned FIR against the petitioner at the behest of the respondent no. 6. Earlier the respondent no. 5 had lodged an FIR at the behest of the respondent no.6 against some other person which was challenged by him in Crl. Misc. Writ Petition No.836 of 2017 in which arrest was stayed by this Court on 18.1.2017. Thereafter, proceedings under the Gundas Act was also initiated at the behest of the respondent no. 6 against the petitioner which was challenged by him in Crl. Misc. Writ Petition No.17670 of 2017 in which also arrest was stayed by a Coordinate Bench of this Court on 31.8.2017 and the said stay order was extended on 5.4.2018. The respondent no. 5 is major girl and no medical examination was conducted.
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 :- 24.4.2018 AU