Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15951 of 2019 Petitioner :- Suraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Chandra Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri V.C.Pal, learned counsel for the petitioner, Sri G.P.Singh, 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 19.4.2019, registered as Case Crime No.148 of 2019, under Sections 363, 366 I.P.C., Police Station Kotwali, District Pilibhit.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the victim is a major girl aged about 19 years and her statement under Section 164 Cr.P.C. has been recorded before the learned Magistrate, in which she has not supported the prosecution case and has not levelled any allegation against the petitioner. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS