Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1713 of 2019 Petitioner :- Smt. Yojana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandhya Singh,Kapil Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Ms. Sandhya Singh, learned counsel for the petitioner and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 25.03.2017 registered as Case Crime No.607 of 2017 under Sections 364A, 511 and 420 I.P.C. Police Station-Sahibabad, District-Ghaziabad.
In the F.I.R. in substance the allegation has been made that Kanika Chaudhary daughter of the informant was studying in Green Field Public Junior High School, Shalimar Garden, Ext- 1, in Class VII-A. On 13.02.2017 at 12.45 hours one unknown person and one lady came to the school and tried to meet my daughter which was refused by the school administration. It appears that the accused were came there to abduct the daughter of the informant. In the school register the name of lady has been entered as Yogita and Mob. No. 9212277004.
The learned counsel for the petitioner submits that Smt. Yojana the petitioner is mother of Kanika Chaudhary. There is dispute between respondent no.4, the husband and petitioner (wife). Due to which the F.I.R. was lodged on false allegation, the petitioner being mother of Kanika Chaudhary wants to meet her daughter in the school.
In view of the facts, the writ petition is disposed of with a direction that the petitioner shall not be arrested in Case Crime No.607 of 2017 under Sections 364A, 511 and 420 I.P.C. Police Station-Sahibabad, District-Ghaziabad till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Rahul.