Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19919 of 2018 Petitioner :- Vipin And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- G.A.,Mukesh Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Kumar Srivastava, learned counsel for the petitioners, Sri Mukesh Kumar Yadav, learned counsel for the caveator, 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 18.7.2018 registered as case crime no.524 of 2018 under sections 376, 120B, 323, 506 I.P.C., police station Jhunsi, District Allahabad.
Learned counsel for the petitioners submits that the petitioners are family members of co-accused Rahul against whom the allegation of rape has been made. The petitioners have been falsely implicated in the instant case.The victim is major. There was love affair between the first informant and co-accused Rahul and when the relationship between them could not materialize, the present FIR has been lodged.
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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
The case of the petitioners is distinguishable from the case of co-accused Rahul.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018 AU