Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16150 of 2019 Petitioner :- Surendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Yadav,Randhir Jain Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Randhir Jain, learned counsel for the petitioner, Mrs. Archana 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 5.5.2019, registered as Case Crime No.56 of 2019, under Sections 376, 363, 366 I.P.C., P.S. Newdiya, District Jaunpur.
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 girl has already been recovered and she is with the informant as it appears from the FIR itself and the only allegation which has been levelled against the petitioner is that he dropped the victim along with co-accused Suraj at Railway Station with whom she voluntarily eloped. 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.
The case of the petitioner is distinguishable from the co-accused Suraj Kumar.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 11.6.2019/NS