Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2362 of 2019 Petitioner :- Kamlesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Saurabh Yadav, learned counsel for the petitioner, Sri Jai Narain, 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 1.7.2016, registered as Case Crime No.518 of 2016, u/s 420, 467, 468, 471, 409 IPC, P.S. Bilsi, district Budaun.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. She is lady and has been falsely implicated in the present case. In the FIR there are 14 named accused persons and one unknown person. From the perusal of the FIR, no offence is made out against the petitioner, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case 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 :- 29.1.2019 Gaurav