Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16613 of 2019 Petitioner :- Manju Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the petitioner, 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 by the petitioner with a prayer to quash the F.I.R. dated 17.5.2019 registered as case crime no. 796 of 2019 under sections 147, 148, 149, 452, 323, 324, 302, 34 I.P.C., police station Sinhani Gate, District Ghaziabad.
Learned counsel for the petitioner submits that the husband of the petitioner namely, Ashok along with three other accused persons and one unknown, has been said to be involved in the present case and the husband of the petitioner has been arrested. Petitioner is an old aged lady of 65 years. On account of being wife of Ashok, she has also been implicated. Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan