Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10682 of 2018 Petitioner :- Sangeeta Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gajendra Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gajendra Singh, learned counsel for the petitioner, Sri G.P.Singh, 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 20.8.2017, registered as Case Crime No. 472 of 2017, under Section 3/7 E.C. Act, Police Station Dataganj, District Budaun.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the petitioner is running fair price shop since 18.4.2017 and there is no complaint against her. The petitioner is not named in the FIR as the same was lodged against one Veerpal and after a lapse of about eight months she has been falsely implicated in the present case. The allegations levelled against the petitioner is absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed 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, 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