Bhola Alias Gopal Vs State of U.P. and 3 Others

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 2387 of 2018

Petitioner :- Bhola Alias Gopal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Certified copy of the statement of victim has been filed today, which is kept on record.

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Heard Sri Sunil Kumar, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.

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By means of this present writ petition, petitioner has come up before this Court with a prayer to direct the respondents not to adopt any coercive methods against the petitioner by way of arrest, in pursuance of the impugned F.I.R. dated 15.11.2017 arising out of Case Crime No.827 of 2017 under Sections 363, 366 IPC, Police Station Sasni Kotwali, District Hathras.

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In compliance of the order dated 02.02.2018, learned A.G.A. has produced the copy of the statement of the Victim recorded under Section 164 Cr.P.C., which is taken on record.

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From perusal of the statement of victim recorded under Section 164 Cr.P.C. there appears no allegation against the petitioner has been made. Admittedly, she is living with her parents.

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Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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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 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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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 7.2.2018

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Pr/-

Bhola Alias Gopal v. State of U.P. and 3 Others

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Bhola Alias Gopal v. State of U.P. and 3 Others

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