Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22704 of 2018 Petitioner :- Nidhi Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Kumar Upadhyay,Maithali Sharan Pipersenia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K.Upadhyay, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 10.8.2018 registered as case crime No.170 of 2018, under Section 7 & 10 of the U.P. Public Examination (Prevention of Unfair Means) Act, 1998, P.S.Rijor, District Etah.
It has been submitted by the petitioners that the petitioners are innocent and has been falsely implicated in the present case with malafide intention. He further submits that petitioners are only the Invigilator at the centre in question where the incident has taken place and petitioners have no role to play in the alleged crime in question. He further submitted that the impugned FIR has been lodged by the respondent no.4. containing absolutely false, concocted, vague and sweeping allegations against the petitioners.It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner no.1 who is an unmarried lady, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 who is an unmarried lady shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos.2, 3 & 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018/NS