Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26588 of 2018 Petitioner :- Prem Lata Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioner, 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 13.09.2018 registered as Case Crime No.755 of 2018 under section 420 IPC, 66 (kha) of I.T. Act and 3/7 of Essential Commodities Act, police station Brahampuri, District Meerut.
Learned counsel for the petitioner submits that the petitioner is a lady. She has been falsely implicated in the present case though she has no role to play in the commission of the offence in question.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties, nature of the allegations and considering the fact that the petitioner is a lady, 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.
The case of the petitioner 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 is a lady and order granting interim protection to the petitioner shall not be treated as parity to other co-accused.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima