Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4913 of 2018 Petitioner :- Sunil Kumar And Another Respondent :- State Of U.P. Through Secretary Home Govt. Of U.P And 3 Others Counsel for Petitioner :- Pavan Kumar Kushwaha,Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri P.K. Kushwaha, learned counsel for the petitioners, Sri Jitendra 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 with the prayer to quash the F.I.R. dated 17.1.2018, registered as Case Crime No.20 of 2018, u/s 363, 366 IPC and 7/8 POCSO ACt, P.S. Barkhera, district Pilibhit.
Learned counsel for the petitioners submits that the petitioners are the uncle and real brother of co-accused Rahul against whom allegation of rape has been levelled and is in confined in jail. The petitioners have been falsely implicated in the present case on account of the said relationship with the said co-accused Rahul, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Gaurav