Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10661 of 2018 Petitioner :- Reshu Andhiwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Daga Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Daga, learned counsel for the petitioner, Sri Pawan Shukla, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 19.1.2018, registered as Case Crime No.94 of 2018, under Sections 420, 467, 468, 471 I.P.C. and Section 66 of The Information Technology Act, 2000, Police Station NOIDA Sector-20, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner was posted as Deputy Manager in the concerned Bank two years back and it is alleged that Rs.15-20 lacs have been embezzled by her, the said allegation is absolutely false one. He further submitted that the petitioner was never called by any officer or authority of the Bank concerned to furnish explanation regarding the allegation alleged against her and the investigation was allegedly done by the Bank Officer at the back of the petitioner and no opportunity of hearing was ever provided to the petitioner. He next argued that there is no specific date, bank account, name of the customer and other details of the alleged misappropriation mentioned in the FIR, hence, the same is liable to be quashed. He argued that the petitioner is a lady and she is having a newly born baby of four months, hence, some indulgence may be granted by this Court.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Taking into account the fact that the petitioner is a lady having four months baby, 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 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 :- 26.4.2018/NS