Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7826 of 2018 Petitioner :- Poonam Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sikandar B. Kochar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 24.02.2018 bearing Case Crime No.123 of 2018 pending investigation at Police Station Phase-II, District Gautam Budh Nagar for the offence under Sections 420, 406, 506 IPC.
Learned counsel appearing on behalf of the petitioner submits that the main accusation in the First Information Report is against Sandeep, who happens to be husband of the present petitioner.
From perusal of the averment contained in the First Information Report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Phase-II, District Gautam Budh Nagar not to arrest the petitioner Poonam Rai, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]