Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24537 of 2018 Petitioner :- Smt. Chhoti Begum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Srivastava,Vindeshwari Prasad Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vindeshwari Prasad Gupta, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned brief holder for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 02.08.2018, registered as case crime No.456 of 2018, under Sections 3/7 Essential Commodities Act, Police Station Allapur, District Budaun.
Learned counsel for the petitioner submits that the petitioner happens to be lady and only on the basis of statement of co-accused she has been falsely implicated in the present case with malafide intention.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, who is lady shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
It is made clear that order granting interim relief in favour of the petitioner, who is lady, shall not be treated as parity by the other co- accused persons.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG