Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25442 of 2018 Petitioner :- Rakhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiva Kant Dubey,Hanuman Prasad Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Dubey, learned counsel for the petitioner, Sri Prabhash Pandey, 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 19.8.2018 registered as case crime no. 152 of 2018 under sections 302, 120-B I.P.C., police station G.R.P. Etawah, District Etawah.
Learned counsel for the petitioner submits that as per the allegation that the marriage of the petitioner, who is an student of B.T.C., was to be solemnized with the deceased but she did not want to marry him on account of which she committed the murder of the deceased with the help of one Aman Tripathi, who is said to be her boyfriend. He submits that the said allegations is absolutely false and frivolous as the deceased died in a train accident and his dead body was found on the railway track. The petitioner has been falsely implicated in the present case only on account of suspicion, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing and submitted that the complicity of the petitioner along with co-accused has come into light from the mobile phone of the deceased.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations and taking into account the fact that the petitioner is an unmarried girl and is a student of B.T.C., 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 she 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 :- 13.9.2018 Shiraz