Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31101 of 2018 Petitioner :- Smt. Babita Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jawahir Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Learned counsel for the petitioner is permitted to correct the prayer. Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.9.2018 registered as Case Crime No. 1541 of 2018, under Section 307, 147, 452, 352, 323, 504, 506, 427 I.P.C., P.S.- Vijay Nagar, District- Ghaziabad.
It is submitted by learned counsel for the petitioner that there is no specific allegation against the petitioner that she has caused any injury to the injured Rajiv Kumar. The allegation of causing injury has been made against other family members of the petitioner and hence her case is distinguishable from them.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018 C. MANI