Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23166 of 2018 Petitioner :- Vimla Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maya Pati Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Maya Pati Pandey, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned brief holding for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 18.01.2017, registered as case crime No.170 of 2017, under Sections 419, 420, 467, 468, 120-B, 409, IPC, Police Station Dumariyaganj, District Siddharth Nagar.
Learned counsel for the petitioners submits that the respondent no.3 is the villager and had lodged the present FIR against the petitioner no.1, who is the Village Pradhan of the said village, the petitioner no.2 is the husband of petitioner no.1 and petitioner no.3 is the Gram Sewak. He further submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the present F.I.R. has been lodged by respondent no.3 against the petitioners on the basis of application under section 156 (3) Cr.P.C. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/VKG