Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26509 of 2018 Petitioner :- Kamlesh Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Avnish Kumar Srivastava, 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 12.09.2018, registered as Case Crime No. 615 of 2018, under Section 420 I.P.C., 66 (Kha) Information Technology Act, 2000 & 3/7 Essential Commodities Act, 1955, Police Station Transport Nagar, District Meerut.
Learned counsel for the petitioner submits that the petitioner is a lady and she has been falsely implicated in the present case though she has no role in the commission of the offence.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts 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 Ashok Gupta