Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23955 of 2018 Petitioner :- Dr. Rekha Gaour Alias @ Annu Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uma Nath Pandey,Dharmendra Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Uma Nath Pandey, learned counsel for the petitioner, Sri Amrit Raj Chaurasia, 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 by the petitioner with a prayer to quash the F.I.R. dated 01.08.2018 registered as case crime no.760 of 2018 under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention), Act, police station Khalilabad, District Sant Kabir Nagar.
Learned counsel for the petitioner submits that the husband of the petitioner is already in jail. He further states that there are three FIRs against the petitioner in two of them her arrest has been stayed by this Court passed in Crl. Misc. Writ Petition No.13725 of 2018 (Rekha Gaour alias Annu Gautam vs. State of U.P. and 3 others) and in Crl. Misc. Writ Petition No.13746 of 2018 (Dr. Rekha Gaour alias Dr. Annu Gautam vs. State of U.P. and 3 others) on 25.5.2018, copies of the same are on record at pages-30 and 31 and in third FIR she has already obtained bail. She happens to be wife of co-accused. The case of the petitioner is distinguishable from the case of the co- accused named in the FIR.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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 she shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.8.2018 AU