Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23498 of 2018 Petitioner :- Saurabh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pravin Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pravin Kumar, learned counsel for the petitioner, Sri N.K.Verma,learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.8.2018, registered as case crime No.590 of 2018, under Sections 452, 376 I.P.C.,P.S. Kotwali Kannauj,District Kannauj.
Learned counsel for the petitioners submits that the respondent no.4 is cousin of petitioner as she is daughter of real uncle of petitioner, the said fact has been mentioned in paragraph no.8 and there was some property dispute between between the parties as the grand-father of the petitioner is living with him, which was disliked by father of respondent no.4, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner on the basis of application under section 156 (3) Cr.P.C. levelling absolutely false and frivolous allegations. The victim respondent no.4 has not been medically examined by the doctor. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 28.8.2018/NS