Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34262 of 2018 Petitioner :- Champa Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 31.8.2018, registered as case crime/ FIR No. 1003 of 2018, under Section 66(D) of Information Technology (Amendment) Act, 2000 and Section 3 & 7 of Essential Commodities Act, 1955, P.S. Kotwali Nagar, District- Muzaffarnagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that No.1 is a lady, aged about 56 years old and is sever patient of blood sugar and arthrities and petitioner no.2 is aged about 75 years senior citizen and suffering from Coronary Artery disease, the said facts have been mentioned in paragraph no.5 of the writ petition. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to 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 they 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 accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner nos. 1 is a lady and petitioner no.2 is 75 years old senior citizen and suffering from Cornonary Artery disease. The order granting interim protection to the petitioners shall not be treated as parity to other co-accused.
Order Date :- 28.11.2018 Abhishek