Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26732 of 2018 Petitioner :- Virendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Singh, learned counsel for the petitioner, 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 4.9.2018 registered as case crime no. 356 of 2018 under sections 354 Ka, 506 I.P.C. and 66D I.T. Act, police station Kaptanganj, District Kushi Nagar.
Learned counsel for the petitioner submits that the respondent no. 4 is the sister-in-law of the petitioner. It appears that she was having some mental ailment on account of which the petitioner advised her to go to her parental home and get her medically treated for which all the expenses will be borne by him. He submits that the brother of the petitioner is employed as Provisional Officer in a bank at district Ghaziabad. He submits that for ulterior motive, respondent no. 3 lodged the present F.I.R. against the petitioner, who is trainer, the said fact has been mentioned in paras-11 and 12 of the present petition, hence the same is liable to be quashed by this Court.
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 he 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 :- 25.9.2018 Shiraz