Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10725 of 2018 Petitioner :- Urmila Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.D. Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.D. Yadav, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners prayer for quashing the impugned FIR dated 02.04.2018 registered as case crime no. 144 of 2018 under sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C., police station Manduwadi, District Varanasi.
It has been submitted by the learned counsel for the petitioners that petitioner no. 1, who is the wife of petitioner no. 2 has also been implicated in the present case.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 1 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 Shiraz