Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16691 of 2019 Petitioner :- Smt. Asha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A.C. Srivastava, learned counsel for the petitioner, Sri Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 2.6.2019 registered as case crime no. 139 of 2019 under sections 376, 506, 120-B I.P.C. and Section 3/4 POCSO Act, police station Rohta, District Meerut.
Learned counsel for the petitioner submits that the petitioner is a pregnant lady who has also been implicated in the present case alongwith co- accused, Manoj and Ashish. It is next submitted that the writ petition of co-accused Ashish has already been rejected by this Court today vide Criminal Misc. Writ Petition No.16674 of 2019. It is lastly submitted that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Deepika