Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15949 of 2019 Petitioner :- Preeti Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri H.P.Mishra, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 4.5.2019, registered as Case Crime No.378 of 2019, under Sections 376 (2) (i), 506 I.P. C. read with Section 5/6 of POCSO Act, 2012, Police Station Farrukhabad Kotwali, District Farrukhabad.
Learned counsel for the petitioner submits that the petitioner is the wife of co-accused Rahul who has already been arrested by the police and is confined in jail in the present case and the petitioner being wife of the co- accused Rahul has been falsely implicated in the present case by respondent no.3. He further submits that the petitioner is a pregnant lady, the said fact has been mentioned in paragraph no.18 of the writ petition. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. but could not dispute the fact as argued by learned counsel for the petitioner.
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 she shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS