Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26526 of 2018 Petitioner :- Rakhi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla,Sri Gopal Chaturvedi ( Sr.Advt) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gopal S. Chaturvedi, learned Senior Advocate assisted by Sri Mithilesh Kumar Shukla, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 9.7.2018, in case crime no.121 of 2018, u/s 3/4 Gambling Act, P.S. Chatta, district Agra.
It has been submitted by the learned counsel for the petitioners that the petitioner no.1 is the wife of co-accused Shyam Vohra. The petitioner nos.2 and 3 are the son and nephew of the said co-accused Shyam Vohra. The impugned FIR has been lodged by the informant against the petitioners containing absolutely false, concocted and vague allegations. The petitioners have been falsely implicated in the present case as they are related to co-accused Shyam Vohra. The petitioner no.1 is a married lady and is a house-wife, she has no concern with the offence in question, hence the impugned FIR is liable to be quashed.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 being a lady, shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos.2 and 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Gaurav