Km. Jaya Dwivedi vs The State Of U.P Thru Secy., Home ...
2014 Latest Caselaw 3661 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 6597 of 2014
 

 
Petitioner :- Km. Jaya Dwivedi
 
Respondent :- The State Of U.P Thru Secy., Home Deptt., And Ors.
 
Counsel for Petitioner :- Ashok Bajpai
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard the learned counsel for the petitioner and the learned A.G.A.

This petition has been filed by the petitioner Km. Jaya Dwivedi  with a prayer to quash the impugned F.I.R. in case crime no. 467 of 2014, under section 420 I.P.C. P.S.  Bilgram, district Hardoi.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie offence is made out. There is no ground for interference in the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering  the  submission made by learned counsel for the petitioner that petitioner was student of a collage, her case is distinguishable with the case of other co-accused persons, the nature of the allegations made in the impugned FIR, the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.

With the above direction this petition is finally disposed of.

Order Date :- 25.7.2014

RPD