Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26548 of 2018 Petitioner :- Manoj Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hari Narayan Singh, learned counsel for the petitioner, Sri Gambhir Singh, 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 01.09.2018 registered as case crime no. 105 of 2018 under sections 420 I.P.C., section 3/7 E.C. Act r/w section 66 I.T. Act and 35 Adhar Card Act 2016, police station Bhourakala, District Muzaffar Nagar.
Learned counsel for the petitioner submits that the petitioner is a lady. She has been falsely implicated in the present case though she has no role to play in the commission of the offence in question.
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 she shall co- operate with the investigation of the case.
The case of the petitioner is distinguishable from the case of other co-accused persons.
With the above direction this petition is finally disposed of.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 AU