Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24404 of 2018 Petitioner :- Smt. Rafiqan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Mishra, learned counsel for the petitioner, Sri Irshad Hussain, 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 26.1.2018 registered as case crime no. 21 of 2018 under sections 420, 467, 468, 471, 323, 504, 506 I.P.C., police station Rabupura, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that earlier the informant of the case has come up before this Court and filed Crl. Misc. Writ Petition No. 20720 of 2018 for expediting the investigation of the present case which was disposed of vide order dated 1.8.2018 directing the Investigating Officer of the present case to conclude the investigation of the present case within six months from the said date but till date the investigation has not been concluded. He submits that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Shiraz