Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16213 of 2019 Petitioner :- Shiv Balak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Mishra,Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rahul Mishra, learned counsel for the petitioner, Sri Vimal Kumar Pandey, 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 02.06.2019, registered as Case Crime No. 499 of 2019, under Sections 366, 504, 506 I.P.C., Police Station Dhoomanganj, District Allahabad.
Learned counsel for the petitioners submits that the petitioner had got his grand daughter namely Suman @ Gudia married with respondent no. 3. Later on, according to first information report, Suman @ Gudia has developed nearness with the accused-petitioner. She has also developed physical relationship with the petitioner, hence, a false allegation has been levelled against the petitioner by the informant who is husband of Suman @ Gudia. Learned counsel for the petitioner further submits that the petitioner has not abducted Suman @ Gudia. He is just trying to resolve the dispute through mediation between Suman @ Gudia and respondent no. 3. The petitioner is innocent, hence the first information report lodged against him is liable to be quashed.
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.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 sailesh