Santosh Kumari @ Guddi Devi And 4 ... vs State Of U.P. And 2 Others
2018 Latest Caselaw 1075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14073 of 2018
 
Petitioner :- Santosh Kumari @ Guddi Devi And 4 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sushil Kumar Dubey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Dubey,learned counsel for the petitioners, Sri N.K.Verma, 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 petitioners with a prayer to quash the FIR dated 1.11.2016, registered as case crime No.207 of 2016, under Sections 147, 148, 149, 323, 326, 332, 353, 427, 34 I.P.C. and Section 3 Prevention of Damage to Public Property Act, 1984 and under Section 7 Crl. Law Amendment Act, 1932, P.S.Badpura, District Etawah.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.

Learned A.G.A.opposed the prayer for quashing of the FIR.

Taking into account the fact that the petitioners are ladies, considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

The case of the petitioners is distinguishable from the co-accused persons.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 29.5.2018/NS