Madhu Asthana vs State Of U.P. And 3 Others
2018 Latest Caselaw 1154 ALL

Citation : 2018 Latest Caselaw 1154 ALL
Judgement Date : 30 May, 2018

Allahabad High Court

Madhu Asthana vs State Of U.P. And 3 Others on 30 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14216 of 2018
 
Petitioner :- Madhu Asthana
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Nipun Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Nipun Singh, learned counsel for the petitioner, 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 petitioner with a prayer to quash the FIR dated 7.5.2018, registered as case crime No.257 of 2018, under Sections 420, 467, 468, 409 I.P.C. and Section 7/13 of Prevention of Corruption Act, Police Station Shivpur, District Varanasi.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioner are absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons, namely, Anil Kumar Jain, Kamla Kant Tiwari & Kumkum Malviya have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.13315 of 2018, Crl. Misc. Writ Petition No.13784 of 2018, Crl. Misc. Writ Petition No.13568 of 2018, which has been disposed of by Coordinate Bench of this Court vide orders dated 23.5.2018, 25.5.2018 & 24.5.2018 staying the arrest of the said co-accused persons, copies of which have been produced by learned counsel for the petitioner and the same is taken on record, hence, the petitioner is also entitled for the same relief.

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.

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

Order Date :- 30.5.2018/NS