Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25366 of 2018 Petitioner :- Subhawati And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.S.Kushwaha,, learned counsel for the petitioners, Sri Gambhir Singh, 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 5.8.2018, registered as case crime No.62 of 2018, under Sections 147, 323, 504, 506, 353 I.P.C., P.C. Sadat, District Ghazipur.
Learned counsel for the petitioners submits that the petitioners are ladies and they have been falsely implicated in the present case, though they has no role to play in the commission of the offence. He further submits that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and also taking into account the fact that the petitioners are ladies, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners 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 petitioners are ladies and order granting interim protection to the petitioners shall not be treated as parity to other co-accused persons.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018/NS