Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25400 of 2018 Petitioner :- Ashama Bano And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Shravan Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Mishra, learned counsel for the petitioner, Sri A.K. Sand, 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 1.9.2018, registered as Case Crime No.149 of 2018, u/s 147, 148, 149, 323, 324, 427, 325, 504, 506, 307, 308, 336, 452 IPC and 7 Crl. Law (Amendment) Act, P.S. Didarganj, district Azamgarh.
Learned counsel for the petitioners submits that the husband and father of petitioner nos.1 and 2 respectively has also been made an accused. It is stated that one person received injuries on his hand. The petitioner no.1 is wife and petitioner no.2 is minor son of co-accused Naseem. The allegations levelled against the petitioners 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 submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 petitioners is distinguishable from the case of other co- accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav