Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30525 of 2018 Petitioner :- Pratibha Rani And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Singh,Santosh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned counsel for the petitioners prays for and is permitted to withdraw the writ petition qua the petitioner nos.3 to 8 with liberty to file a fresh petition.
Heard learned counsel for the petitioners, 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 with the prayer to quash the F.I.R. dated 1.9.2018, registered as Case Crime No. 0532 of 2018, under Section 3/7 Essential Commodities Act, 1955, Police Station Mawana, District Meerut.
Learned counsel for the petitioners submits that the petitioner nos.1 and 2 are ladies and they have been falsely implicated in the present case though they have no role in the commission of the offence.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and also taking into account the fact that the petitioner nos.1 and 2 are ladies, 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.
The case of the petitioners is distinguishable from the case of other co- accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner nos.1 and 2 are ladies and order granting interim protection to the petitioners shall not be treated as parity to other co- accused persons.
Order Date :- 27.10.2018 Shalini