Held petition for quashing of FIR. Directed petitioner not to be arrested pending police report under Section 173(2) Cr.P.C., with cooperation for investigation. Disposed of petition. No substantive ruling on validity of allegations.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5362 of 2018 Petitioner :- Vikas Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Rakesh Kumar holding brief of Sri A.K.Shara, learned counsel for the petitioner, Sri Vikas Sahai, 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 23.11.2017 registered as Case Crime No.265 of 2017, under Sections 363, 366 I.P.C., Police Station Barnahal, District Mainpuri.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to village party bandi. He further submits that the victim as per the FIR is aged about 16 years and she has returned after 3-4 days of the incident. As per 164 Cr.P.C. statement of the prosecutirx, she has not deposed anything against the petitioner and it is stated that she voluntarily left her house and had gone to her friend house. No offence is made out against the petitioner, hence, FIR be quashed.
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 petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 5.3.2018/NS
Vikas Kumar
State Of U.P.
Krishna Pratap Singh
Ramesh Sinha
As recorded by the court registry
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