Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10385 of 2018 Petitioner :- Shiv Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shivam Yadav, learned counsel for the petitioner, Sri G.P. Singh, 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 10.6.2017 registered as case crime no. 271 of 2017 under sections 354, 392 I.P.C. read with 3 (2) V S.C./S.T. Act, police station Dibiyapur, District Auraiya.
Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R. but in the statement of victim recorded under section 164 Cr.P.C., she did not name the petitioner, 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 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 Shiraz