Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24492 of 2018 Petitioner :- Kajal Talreja Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 petitioner with a prayer to quash the FIR dated 25.8.2018, registered as case crime No.0251 of 2018, under Section 3/7 Essential Commodities Act, Section 420 I.P.C. and Section 66-D I.T. Act, P.S.Kotwali, District Kanpur City.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 24045 of 2018 in which interim protection was granted to petitioner nos.1 to 4 only on account of the fact they were ladies and to petitioner no.5 who was a cancer patient vide order dated 31.08.2018, hence, the petitioner being a lady, is also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioner which is taken on record.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that petitioner shall not be arrested in above mentioned case, till 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.
The case of the petitioner 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 is a lady. The order granting interim protection to the petitioner shall not be treated as parity to other co-accused.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/Madhurima