Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22683 of 2018 Petitioner :- Radha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 13.6.2018 lodged in Case Crime No.364 of 2018, under Sections 363, 302, 201 added Section 120-B IP.C., Police Station Shivpur, District Varanasi.
It is submitted by learned counsel for the petitioner that petitioner was not named in the F.I.R. but her name came into light after ten days of the alleged incident, when the informant and the wife of respondent no.3 filed an application before Senior Superintendent of Police, District Varanasi, naming the petitioner alongwith other co-accused persons in the commission of the alleged offence. It is further contended that the petitioner is an old lady of about 75 years of age and has been falsely implicated in the present case although she has no concern with the alleged offence.
From the perusal of the F. I. R., 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 F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. 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 strictly in accordance with law, after hearing the Public Prosecutor.
With the above directions, this petition is disposed of finally.
Order Date :- 21.8.2018 Shalini