Anoop vs State Of U.P. And 2 Others
2018 Latest Caselaw 1138 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14247 of 2018
 
Petitioner :- Anoop
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anand Kumar Pandey,Kamini Pandey (Dubey)
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.K.Pandey, learned counsel for the petitioner, Sri Pawan Shukla, 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.383 of 2018, under Sections 376D, 452, 506 I.P.C., Police Station Highway, District Mathura.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the victim respondent no.3 is a married woman and as per 164 Cr.P.C. statement of the victim, there appears to be allegation against the petitioner along with co-accused who is his father for committing rape, which is highly improbable. The co-accused who is father of the petitioner has already been granted bail by the competent court. He next argued that the victim respondent no.3 denied to go through any internal or external medical examination. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.

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

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 they 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 :- 30.5.2018/NS