Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33840 of 2018 Petitioner :- Rakhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 18.07.2018 registered as Case Crime No. 128 of 2018, under Sections 420, 467, 468, 471 and 120B I.P.C., P.S. Chhatta, District Agra.
Learned counsel for the petitioner submitted that the petitioner is not named in the F.I.R. Her name surfaced as accused for the first in the statement of co-accused, Shyam Vohra who is named in the impugned F.I.R. which was lodged by the respondent no. 4 against the petitioner alleging commission of offences by her under Sections 420, 467, 468, 471 and 120B I.P.C. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to her extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 SA