Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36968 of 2018 Petitioner :- Vidyawati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri A.P. Singh, learned counsel for the petitioner, Sri Amit Sinha, learned AGA for State and Sri Piyush Sharma, holding brief of Sri Chandan Sharma, learned counsel for the complainant.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 17.11.2018 respect of Case Crime No. 337 of 2018 under Sections 419, 420, 467, 468, 471, 409 of IPC, Police Station Nebu Naurangia, district, Kushi Nagar.
Learned Counsel for the petitioner submits that pursuant to the direction given by the District Magistrate, petitioner has already deposited Rs. 14,469/- and as on date, she is not required to pay any amount. It has been argued that on one side, the petitioner was asked to deposit the money and on the other side, for the same act, first information report has been lodged and now efforts are being made to arrest the petitioner.
On the other hand, learned State counsel and learned counsel for the complainant oppose the submission.
Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
The petition is accordingly, disposed of.
Order Date :- 18.12.2018//Shahid