Shubham Sahu vs State Of U.P. And 3 Others
2018 Latest Caselaw 998 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13814 of 2018
 
Petitioner :- Shubham Sahu
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mrityunjay Khare,Krishnaji Khare
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Krishnaji Khare, 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 16.5.2018, registered as case crime No.234 of 2018, under Section 376 I.P.C., Police Station George Town, District Allahabad.

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 respondent no.4, who is informant of the case, has been deserted by her husband and it appears that she came into contact with petitioner and established relationship with him for the last two years and when their relationship could not materialize, she lodged the impugned FIR against the petitioner levelling false and frivolous allegation, though no offence is made out against him, 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 :- 28.5.2018/NS