Smt. Onwati vs State Of U.P. And 4 Others
2018 Latest Caselaw 621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12606 of 2018
 
Petitioner :- Smt. Omwati
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Upendra Upadhyay
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Learned counsel for the petitioner prays for and is permitted to make necessary correction in the writ petition with respect to name of the petitioner.

Heard Sri Upendra Upadhyay, 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 1.5.2018, registered as case crime No.81 of 2018, under Section 3/7 E.C. Act, Police Station Barla, District Aligarh.

Learned counsel for the petitioner submits that the petitioner is widow of late Chandra Pal and has been falsely implicated in the present case. He further submits that the husband of the petitioner was murdered by the present Village Pradhan who is accused in the said murder case and she was allotted the fair price shop. He next argued that the present FIR has been lodged by respondent no.4 at the instance of the present Village Pradhan. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

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 he 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 :- 17.5.2018/NS