Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24395 of 2018 Petitioner :- Sudheel @ Sudesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Sharma, 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 16.2.2018 registered as case crime no. 81 of 2018 under sections 376D, 356, 323 I.P.C., police station Allau, district Mainpuri.
Learned counsel for the petitioner submits that respondent no. 4 happens to be sister-in-law of the petitioner. She is having some matrimonial dispute with her husband on account of which she falsely implicated all the family members of her husband including the petitioner, who is her Devar. He submits that the Jeth of respondent no. 4 has already got himself bailed out in the present case from the competent court, hence the present F.I.R. 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 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 :- 5.9.2018 Shiraz