Allahabad High Court
Smt. Khusbu vs State Of U.P. And 2 Others on 7 August, 2020
Bench: Ramesh Sinha, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 7664 of 2020 Petitioner :- Smt. Khusbu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ravi Nath Tilhari,J.
Heard Shri Rama Shanker Mishra, learned counsel for the petitioner, Shri A.R. Chaurasiya, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 18.05.2020 registered as Case Crime No. 259 of 2020, under Sections 307 and 332 I.P.C. Police Station-Kotwali, District-Shahjahanpur.
It has been argued by learned counsel for the petitioner that the petitioner is the wife of the co-accused Chandan who is stated to have committed offence under Section 307 I.P.C. who has already been granted bail by the order dated 08.06.2020, a copy of which has been annexed as Annexure No. 2 to the Writ Petition. So far as the petitioner is concerned, the wife of the co-accused Chandan she has been falsely implicated in the present case for the offence under Section 332. 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.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Smt. Khusbu shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but she shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.8.2020 sweta (Ravi Nath Tilhari,J.) (Ramesh Sinha, J