Smt. Aneeta Devi vs State Of U.P. Thru. Secretary Home ...
2017 Latest Caselaw 2600 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 16117 of 2017
 
Petitioner :- Smt. Aneeta Devi
 
Respondent :- State Of U.P. Thru. Secretary Home & 2 Others
 
Counsel for Petitioner :- Pranshu Agrawal
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Pranshu Agrawal, learned counsel for the petitioner, Sri Ganesh Gupta, learned  Brief Holder 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 30.9.2015 registered as Case Crime No.1471 of 2015, under Sections 419, 420, 467, 468, 471 I.P.C. with the consequential inquiry, investigation being conducted on the basis of the said FIR.

Learned counsel for the petitioner submits that identically situated co-accused, namely,  A.K.Upadhyay has earlier challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No. 15466 (MB) of 2017, which has been disposed of by this Court vide order dated  14.7.2017 staying arrest of the co-accused, copy of which is annexed at page-48 of the writ petition, hence, arrest of the petitioner may also be stayed.

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 :- 20.7.2017/

NS