Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20317 of 2018 Petitioner :- Suchismita Nayak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Km. Anjana Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Km. Anjana, 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 10.5.2018, registered as case crime No.653 of 2018, under Sections 420, 506 I.P.C., P.S. NOIDA Sector-20, District Gautambuddh Nagar.
Learned counsel for the petitioner submits that the petitioner is wife of co- accused Sushant Kumar Nayak and on account of the said relationship she has been falsely implicated in the present case. He further submitted that the co-accused Sushant Kumar Nayak has already been arrested and sent to jail in the present case. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Taking into account the fact that the petitioner is a lady, 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.
The case of the petitioner is distinguishable from the co-accused Sushant Kumar Nayak (Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2018/NS