Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26511 of 2018 Petitioner :- Arti Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Srivastava, learned counsel for the petitioner, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 24.12.2017, registered as Case Crime No.5893 of 2017, u/s 420, 406 IPC, P.S. Sadar Bazar, district Shahjahanpur.
Learned counsel for the petitioner submits that the petitioner is the wife of co-accused Ashwani Tomar who has already been arrested by the police and sent to jail and on account of the said relationship with the said co-accused, the petitioner has been falsely implicated in the present case. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case and also taking into account the fact that the petitioner is a lady, 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.
The case of the petitioner is distinguishable from the case of other co-accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is a lady and order granting interim protection to the petitioner shall not be treated as parity to other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Gaurav