Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23181 of 2018 Petitioner :- Saraswati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the petitioner, Sri Deepak Mishra, 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 23.07.2018, registered as case crime No.679 of 2018, under Sections 406, 420, I.P.C., P.S. Khalilabad, District Sant Kabir Nagar.
Learned counsel for the petitioner submits that the husband of the petitioner namely Deena Nath Maurya, who is the co-accused in the present case is languishing in jail and the petitioner being his wife has been falsely implicated in the present case.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations and taking into account that the petitioner is a lady, 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 he 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 :- 24.8.2018 VKG