Mithlesh vs State Of U P And 2 Others
2018 Latest Caselaw 524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12267 of 2018
 
Petitioner :- Mithlesh
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Rakesh Tripathi-I
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Rakesh Tripathi-I, learned counsel for the petitioner, Sri A.K.Sand, 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 26.4.2018, registered as case crime No.772 of 2018, under Sections 354, 354(Ka), 354(Kha), 323, 504, 506, 120-B, 392 I.P.C., Police Station Sihani Gate, District Ghaziabad.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that respondent no.3 after death of her husband Rakesh started to live with one Sunder, against whom the petitioner had earlier lodged an FIR for the offence under Sections 354, 354(Kha), 506 I.P.C., hence, in retaliation the impugned FIR has been lodged by respondent no.3 against the petitioner, her husband Sabir and two others levelling false, frivolous and baseless allegations. No offence is made out against the petitioners, hence, FIR is liable to be quashed.

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.

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

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

Order Date :- 14.5.2018/NS