Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10690 of 2018 Petitioner :- Vishal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ayank Mishra,Margret Garima Roberts Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ayank Mishra, learned counsel for the petitioner, Sri N.K.Verma,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 6.4.2018, registered as Case Crime No.223 of 2018, under Sections 457, 380 I.P.C. Police Station Modi Nagar, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner had some affair with daughter of respondent no.4, for which an FIR was lodged by respondent no.4 against the petitioner for the offence under Section 364 I.P.C. and in the said case statement under Section 164 Cr.P.C. of the daughter of respondent no.4 was recorded in which she deposed in favour of the petitioner and denied the allegation levelled against him in the said FIR, on account of which the present FIR has been lodged by respondent no.4 against the petitioner levelling false and frivolous allegation, though no offence is made out against the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 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 :- 26.4.2018/NS