Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7564 of 2018 Petitioner :- Madhuri And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This writ petition has been by the petitioners with the prayer to quash the impugned FIR dated 31.10.2017, which has been registered as Case Crime No. 973 of 2017, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali, District- Maharajganj.
It is contended by learned counsel for the petitioner that respondent no. 3 is the Village Pradhan and petitioner no. 1 is posted as Anganbari Karyakatri. It is next contended that first information report was lodged by respondent no. 3 against the petitioners and other person alleging therein that petitioner no. 1 has made forged document with the help of her husband (petitioner no. 2) and obtained service in Aganbari Karyakatri. It is further contended that petitioner no. 1 is working on the post of Anganbari Karyakatri since 20.6.2001. It is lastly submitted that petitioners have been falsely implicated in the present case on account of village enmity making bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR.
However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 28.3.2018 KU