Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16702 of 2019 Petitioner :- Kiran Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ramesh Kumar Chaurasia, learned counsel for the petitioner, Sri Irshad Hussain, 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 24.07.2018 registered as Case Crime No. 0076 of 2018 under sections 498A, 304B, 201, 120B IPC and 3/4 D.P. Act, PS. Chitbadagaon, District Ballia.
Learned counsel for the petitioner submits that petitioner is the sister in law (jethani) of the deceased who was living separately from her in Bombay. The husband of the deceased is already confined in jail. There is no dying declaration nor any eye witness account against the petitioner.
Learned A.G.A. opposed the prayer for quashing and pointed out that this Court has already dismissed Writ Petition No. 16439 of 2019 filed by co- accused Kundan @ Dhanji and another on 13.06.2019. He also pointed out that the informant of the case Binda Devi has also filed Writ Petition No. 23628 of 2018 for fair investigation of the case which was allowed by this Court.
Taking into account the fact that the petitioner is a lady and considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that petitioner shall not be arrested in above mentioned case till submission of 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 co-accused Kundan @ Dhanji and Hira.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima