Jitendra Gupta @ Lala Vs State of U.P. and 2 Others

Court No. - 1

Case :- CRIMINAL MISC. WRIT PETITION No. - 22625 of 2018

Petitioner :- Jitendra Gupta @ Lala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Nath Singh,Akhilesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri S.N. Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 6.8.2018 registered as case crime no. 338 of 2018 under sections 376, 377, 294, 506 I.P.C., police station Mahrajpur, District Kanpur Nagar.

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Learned counsel for the petitioner submits that the petitioner is the husband of respondent no. 3. There was some matrimonial dispute between them. He submits that earlier respondent no. 3 lodged an F.I.R. against the petitioner along with his family members for the offence under sections 498-A I.P.C. etc. and again she lodged the present F.I.R. levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.

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Learned A.G.A. opposed the prayer for quashing.

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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.

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With the above direction this petition is finally disposed of.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 20.8.2018 Shiraz

Jitendra Gupta @ Lala v. State of U.P. and 2 Others

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Jitendra Gupta @ Lala v. State of U.P. and 2 Others

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