Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38010 of 2018 Petitioner :- Neeha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri S.S. Yadav, learned counsel for the petitioner, Sri Prabhash Pandey, 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 19.11.2018 registered as case crime no. 238 of 2018 under sections 147, 148, 149, 394, 323, 504, 506 I.P.C., police station Indargarh, District Kannauj.
Learned counsel for the petitioner submits that the real sister of the petitioner was murdered by respondent no. 3 and others for which an F.I.R. was lodged against them which was registered as case crime no. 81 of 2018 for the offence under section 302 I.P.C. along with other Penal offence copy of which is annexed at page-21 of the present petition. They have been charge-sheeted in the said case on account of which as a pressure tactics, present F.I.R. has been lodged by respondent no. 3 against the petitioner levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz