Smt. Kiran Devi vs State Of U.P. And 3 Others
2018 Latest Caselaw 997 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13815 of 2018
 

 
Petitioner :- Smt. Kiran Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shailendra Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Tripathi, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned NCR as well as material brought on record.

The relief sought in this petition is for a direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the NCR dated 7.5.2018, registered as G.D. No.57 of 2018, under Section 498 I.P.C., P.S. Sikandra, District Agra and also not to take any coercive action measure in pursuance of the same.

Learned counsel for the petitioner submits that the petitioner happens to be Tai of the co-accused Vishal and on account of the said relationship she has been falsely implicated in the present case. No offence is made out against the petitioner, hence, the same be quashed.

Learned AGA opposed the prayer for quashing of the NCR and submitted that though an NCR was lodged for the offence under Section 498 I.P.C. and the offence in question is bailable one.

After having examined the submissions advanced by learned counsel for the parties, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the NCR, as the offence in question is bailable one.

The petition lacks merit and is, accordingly, dismissed.

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

Order Date :- 28.5.2018/NS