Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19989 of 2018 Petitioner :- Seema Jaiswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravindra Kumar, learned counsel for the petitioner, Sri N.K.Verma, 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 19.7.2018, registered as case crime No.237 of 2018, under Sections 307, 120-B I.P.C., P.S. Shivkuti, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is wife of respondent no.4 and she has been falsely implicated in the present case with malafide intention. He further submits that though the F.I.R. of the present case was registered under Section 307 I.P.C. but it is a case of no injury. The allegation levelled against the petitioner is absolutely false, frivolous and baseless.No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 :- 26.7.2018/NS