OM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.K.S.Somvanshi, 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.

(2.) This petition has been filed by the petitioner with a prayer to quash the FIR dated 14.12017 registered as Case Crime No.1370 of 2017, under Sections 363, 366 I.P.C., Police Station Kalyanpur, District Kanpur City (Nagar).

(3.) Learned counsel for the petitioners submits that the petitioner is not named in the FIR and he was a suspected accused as appears from the impugned FIR. He further submits that as per 164 Cr.P.C.statement of the victim girl allegation of rape has been levelled against the co-accused Karendra and so far as petitioner is concerned, he is stated to have made video clipping of the crime in question. He further submits that the co-accused Deepti Katiyar has already challenged the impugned FIR by means of filing Crl. Misc. Writ Petition No.1040 of 2018 in which her arrest has been stayed by this Court vide order dated 18.1.2018 disposing of the said petition, copy of which is annexed at page-31 of the writ petition. He next argued that that the petitioner who is a minor boy aged about 16 years as per the High School Certificate, copy of which is annexed at page-35 of the writ petition. The petitioner is a student of B.Sc. and his examination is scheduled from 16.2018 to 17.4.2018 and his admit card issued by M.A.K.Azad Faiz Alam Mahavidyalaya Asalatganj, Kanpur Dehat, U.P. India has been produced, the same is taken on record. No offence is made out against the petitioner, hence, FIR be quashed.