Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16679 of 2019 Petitioner :- Smt. Reshma Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Syed Shahnawaz Shah,Farida Jajal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.S.Shah, learned counsel for the petitioner, Mrs. Archana Singh, 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 22.1.2019, registered as Case Crime No.37 of 2019, under Sections 323, 504, 506, 316, 427 I.P.C., P.S. Pilakuwa, District Hapur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that there is no allegation against the petitioner for assaulting the victim at her womb on account of which miscarriage has been caused and the same has been levelled against the co-accused Asma who is confined in jail. 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.
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 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.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/NS