Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26766 of 2018 Petitioner :- Kalpana Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Hemant Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hemant Sharma, learned counsel for the petitioner, Sri Gambhir Singh, 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 11.9.2018 registered as case crime no. 1161 of 2018 under sections 420, 406, 504 I.P.C., police station Kotwali Shahar, District Bulandshahar.
Learned counsel for the petitioner submits that the husband of the petitioner, namely, Ashok Kumar is also involved in the present case and on account of the said relationship, the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass her, hence the same is liable to be quashed by this Court.
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.
The case of the petitioner is distinguishable from co-accused Ashok Kumar.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shiraz