Allahabad High Court
Smt. Leena Srivastava & Others vs State Of U.P. & Others on 23 July, 2010
Bench: Raj Mani Chauhan, Virendra Kumar Dixit
Court No. - 20 Case :- MISC. BENCH No. - 6852 of 2010 Petitioner :- Smt. Leena Srivastava & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Deep Kamal Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as perused the record.
This petitioner under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report dated 12.7.2010 lodged by the Opposite Party No. 4 at Crime No. 505/2010, under Sections 420/467/468/471/323/506 IPC registered at Police Station Naka, District Lucknow and also for direction to the opposite parties not to arrest the petitioners in pursuance of the said impugned First Information Report.
The submission of learned counsel for the petitioners is that Unique Boutique Touch Herbal Beauty Parlor and Training Institute is NGO which is registered under the Society Registration Act since 1996. The society had its office in 136/172, Durvijay Ganj under P.S. Naka Lucknow. Sadhna Srivastava, the wife of the complainant was the Secretary General of the Society. The complainant and accused-petitioner are relatives. The society smoothly worked up to 2007. In 2007 there arose a dispute and Sadhna Srivastava was removed from her office. Thereafter, the complainant lodged the impugned First Information Report with false allegations. There is no evidence in support of the offences under Section 420/467/468/471/323/506 IPC mentioned in the impugned First Information Report. Therefore, the accused- petitioners deserve protection.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioner and learned A.G.A. for the State. We have gone through the contents of the First Information Report which disclose the commission of cognizable offence but keeping in view the totality of the facts and circumstances of the case as well as nature of allegations made in the First Information Report, we dispose of this writ petition finally with the observation that the petitioners will not be arrested by the Investigating officer till he collects credible and cogent evidence or files charge-sheet/police report under Section 173 Cr. P.C. against the petitioners subject to their full cooperation in the investigation which will go on.
Order Date :- 23.7.2010 Santosh/-