Smt. Divya Awasthi vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15771 of 2017
 
Petitioner :- Smt. Divya Awasthi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Girish Chandra Sinha
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri G.C.Sinha, learned counsel for the petitioner, Smt. Smriti Sahai, 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 12.7.2017 registered as Case Crime No.517 of 2017, under Sections 420, 467, 468, 471 I.P.C.  read with Section 3 of Damage to Public Property Act, Police Station Ganga Ghat, District Unnao.

Learned counsel for the petitioner submits that the petitioner is a house wife and has been falsely implicated in the present case. He further submits that father-in-law of the petitioner was murdered by some persons tho tried to grab his land as he was having 25 bighas of agricultural land. He further submits that neither the petitioner nor her husband is involved in any case of land grabbing nor any revenue case is pending against the petitioner. The  present FIR has been lodged by respondent no.5 against the petitioners with oblique motive. No offence is made out against the petitioner.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 18.7.2017/NS