Kamlesh v. State of U.P. Thru. Prin. Secy. Home and Others

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 2123 of 2024

Petitioner :- Kamlesh Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Shiv Shankar Verma,Anupam Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

Heard.

By means of this petition, the petitioner has sought quashing of F.I.R. dated 20.02.2024 bearing Case Crime/FIR No.0053/2024 for the offence under Sections 376 & 506 I.P.C., registered at Police Station Mahmudabad District Sitapur.

Let notice be issued to opposite party No.4.

Let the pleadings be exchanged within eight weeks.

List thereafter.

Considering the submission of learned counsel for the petitioner that he being the Jeth of the informant, he has no occasion to be involved in the dispute between husband and wife and the allegations have been made only with the view to harass the entire family, specially the petitioner. No such incident of rape has taken place in the house of the informant, and also as, the application was given only on 29.08.2023 i.e. after 14 days under Section 156(3) Cr.P.C., we are of the opinion that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. He shall get his statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.