Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26721 of 2018 Petitioner :- Seema Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pathak,Chandra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Pathak, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 12.9.2018, registered as Case Crime No.246 of 2018, u/s 41, 411 IPC and 3/7 E.C. Act, 1955, P.S. Derapur, district Ramabai Nagar (Kanpur Dehat).
Learned counsel for the petitioner submits that the petitioner is house-hold lady and she has never involved in such type of activities as alleged in the present case. The impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioner, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case and also taking into account the fact 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of other co-accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is a lady and order granting interim protection to the petitioner shall not be treated as parity to other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Gaurav