Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15975 of 2019 Petitioner :- Sanjana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Archana Singh, learned counsel for the petitioner, Sri Nitin Agarwal, learned A.G.A. for the State 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 26.12.2018 registered as case crime no. 861 of 2018 under sections 323, 504, 506, 427, 394, 452 I.P.C., police station Sadar Bazar, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner happens to be the wife of co-accused Sanjay, who has already been granted bail by the competent court copy of which is annexed at page-88 of the present petition. She has been falsely implicated in the present case by respondent no. 4 on account of the said fact, hence the present F.I.R. is liable to be quashed by this Court against her.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz