Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10853 of 2018 Petitioner :- Udairam Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.,Atul Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the petitioner, Sri Santosh Kumar holding brief of Sri Atul Kumar, learned counsel for the respondent no. 4 and 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 with the prayer to quash the F.I.R. dated 8.4.2018, registered as Case Crime No.102 of 2018, u/s 323, 376, 511 IPC, P.S. Nagar, district Basti.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has come into light in the statement of the victim recorded u/s 164 Cr.P.C. according to which only allegation of attempt to rape has been made against the petitioner. The present FIR has been lodged against the petitioner for his malicious prosecution. The dispute between the parties, if any, is civil in nature, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. and learned counsel for the respondent no.4 opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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 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 :- 27.4.2018 Gaurav