Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35973 of 2018 Petitioner :- Priyanka Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Counsel for Respondent :- G.A.,Harish Chandra
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed by learned counsel for the petitioner is taken on record.
Heard Shri Abhishek Kumar, learned counsel for the petitioner and Shri Harish Chandra, learned counsel for the respondent no. 4.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 23.9.2018 registered in Case Crime No. 1901 of 2018, under Sections 420, 467, 468, 471, 379 I.P.C., P.S. Sihani Gate, District Ghaziabad.
It has been submitted by the learned counsel for the petitioner that the allegation made in the impugned first information report regarding commission of offence by the petitioner is palpably false and moreover the same do not disclose any cognizable offence. The impugned first information report is thus liable to be quashed.
From the perusal of the first information report, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the first information report. Therefore, the prayer for quashing the impugned first information report is refused.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law.
With the above directions, this petition is disposed of finally.
Order Date :- 19.12.2018 Bhanu