Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34310 of 2018 Petitioner :- Suman Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Singh Counsel for Respondent :- G.A.,Kamlesh Kumar Tiwari
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Harsh Gopal, Advocate holding brief of Sri Kamlesh Kumar Tiwari, learned counsel appearing on behalf of the respondent no. 3.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 19.07.2018 registered as Case Crime No. 616 of 2018, under Sections 364, 120B and 506 I.P.C., P.S. Khorawar, District Gorakhpur.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case only on account of her being the sister of the husband of the respondent no. 3. The dispute between the parties which is the subject matter of the impugned F.I.R. which has been lodged by the respondent no. 3, Smt. Surabhi Shukla arises out of a matrimonial dispute between her and her husband, Budh Dev Shukla in which she and her husband, Budh Dev Shukla who have already granted interim protection by this Court by order dated 29.08.2018, copy whereof has been brought on record as Annexure-2 to the writ petition. Moreover as far as petitioner is concerned, there is no credible evidence on record even prima facie indicating at the complicity of the petitioner and hence the impugned F.I.R. qua the petitioner is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to her extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 SA