Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26533 of 2018 Petitioner :- Chandra Kala @ Gudiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Partap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.P. Singh, 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 14.8.2018, registered as Case Crime No.208 of 2018, u/s 406 IPC, P.S. Balua, district Chandauli.
Learned counsel for the petitioner submits that the respondent no.4 happens to be the maternal uncle of the petitioner who is Practising Advocate. The petitioner is a married lady and is a house-wife. 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