Savari Devi And 3 Others vs State Of U P And 3 Others
2018 Latest Caselaw 629 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12590 of 2018
 
Petitioner :- Savari Devi And 3 Others
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Mohan Gupta
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Mohan Gupta, learned counsel for the petitioners, Sri G.P.Singh, 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 1.2.2018, registered as case crime No.21 of 2018, under Sections 147, 148, 307, 323, 504, 506 I.P.C., Police Station Barhaj, District Deoria.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the husband of petitioner, namely, Santosh is also involved in the present case who has been assigned the main role of causing the injury to the injured and he has also got himself bailed from the competent court. He next argued that the petitioners are family members of co-accused Santosh and they have been made accused in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the 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 petitioners.

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.

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

Order Date :- 17.5.2018/NS