Uttarakhand High Court
Smt. Shikha Devi @ Shikha Pawar W/O Prem ... vs State Of Uttarakhand on 30 April, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Writ Petition No. 360 of 2012
1. Smt. Shikha Devi @ Shikha Pawar W/o Prem Singh
R/o Village Rasool Pur Tongia,
Majara Daluwala Kalan,
Tehsil Haridwar, District-Haridwar.
.........Petitioner
Versus
1- State of Uttarakhand, through Senior Superintendent
of Police, District-Haridwar.
2- Station Officer, P.S. Jwalapur, District-Haridwar.
3- Rishipal Lekhpal, Area Kota Murad Nagar Paragana
Roorkee, Tehsil and District-Haridwar.
......Respondents
Mr. Parikshit Saini, Advocate, present for the petitioner.
Mr. S.S. Adhikari, A.G.A., present for the State.
Hon'ble Prafulla C. Pant, J.
Heard.
2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report registered as Crime no. 362 of 2011 relating to offences punishable under Section 420, 467, 468 and 471 of I.P.C. registered at police Station-Jwalapur, District-Haridwar.
3) Learned counsel for the petitioner submitted that order to register impugned first information report regarding allegation of obtaining Certificate of other Backward Caste 2 by concealing the facts, passed by Sub Divisional Magistrate on 11.11.2011 has already been stayed vide order dated 23.04.2012 passed by this court and writ petition 2471 (M/S) of 2011 till the Scrutiny Committee takes the decision in the matter.
4) Admit the petition. 5) Learned counsel for the State prays for and is allowed
six weeks time to file the counter affidavit.
6) Having considered submissions of learned counsel for petitioners, and learned counsel for the State, and in view of the order dated 23.04.2012 passed in writ petition no. 2471 (M/S) of 2011, it is directed that petitioner Smt. Shikha Devi @ Shikha Pawar, shall not be arrested in connection with aforesaid Crime no. 362 of 2011 registered at police station Jwalapur, District-Haridwar, till the decision is taken by the Scrutiny Committee. (Stay application no. 3865 of 2012 stands disposed of).
8) List after six weeks.
(Prafulla C. Pant, J.)
30.04.2012
mamta