Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24320 of 2018 Petitioner :- Smt. Afsana And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhai Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhai Saxena, learned counsel for the petitioners, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 14.8.2018, in case crime no.546 of 2018, u/s 3/5/8 Cow Slaughter Act, P.S. Bhojipura, district Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the informant against the petitioners containing absolutely false, concocted and vague allegations. Neither the petitioners were present in the house of co-accused Sageer Ahmad nor they were involved in the present crime in any manner. The petitioner no.1 is the wife of co-accused Sagger Ahmad.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 who is lady shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav