Sanjay Jaiswal vs State Of U.P. And 3 Others
2018 Latest Caselaw 1141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14243 of 2018
 
Petitioner :- Sanjay Jaiswal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manvendra Nath Singh,Anjali Singh,Nitesh Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.N.Singh, learned counsel for the petitioner, Sri N.K.Verma, 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 17.5.2018, registered as case crime No.416 of 2018, under Section 354 I.P.C., Police Station Kotwali, District Deoria.

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 submitted that the respondent no.4, who is victim of the case, is a major girl and as per 164 Cr.P.C. statement it appears that she was having some relationship with petitioner no.1 for the last one year and when the same could not materialize, she lodged the impugned FIR against the petitioner levelling false and frivolous allegation, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

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 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.

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

Order Date :- 30.5.2018/NS