Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11485 of 2019 Petitioner :- Abha Awasthi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiva Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 25.7.2017 registered as Case Crime No.447 of 2017, under Sections 323, 504 and 316 I.P.C., at Police Station Barra, District Kanpur Nagar.
The contention of the learned counsel for the petitioner is that the petitioner is the Devrani of the informant (respondent no. 3) and the petitioner has lodged a first information report against her in-laws including the respondent no. 3 which has been registered as Case Crime No. 510 of 2016 at P.S. Barra, District Kanpur Nagar and, therefore, to exert pressure upon the petitioner, impugned F.I.R. has been lodged.
As impugned F.I.R. discloses commission of cognizable offence and correctness of the allegations is not, ordinarily, to be tested in the writ jurisdiction, we decline to quash the first information report.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to the petitioner's co-operation in the investigation, she shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 30.4.2019 Md Faisal