Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11163 of 2019 Petitioner :- Kirti Jaiswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A.,Ambuj Pandey
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Vakalatnama has been filed by Shri Rishabh Kumar, learned counsel for respondent no. 4 as well as certified copy of F.I.R. has been filed by learned counsel for petitioner, which are taken on record.
Heard learned counsel for the petitioner, learned counsel for respondent no. 4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 19.03.2019 in Case Crime No. 0179 of 2019, under Sections 376, 504 & 506 I.P.C., Police Station- Phase Second, District- Gautam Buddh Nagar.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against her while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no. 4. Hence the FIR deserves to be quashed.
Per contra learned counsel for respondent no. 4 as well as learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, her prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 26.4.2019 Sharad/-