Allahabad High Court
Smt.Madhulika Singh vs State Of U.P. And 3 Others on 25 August, 2020
Bench: Shashi Kant Gupta, Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 7798 of 2020 Petitioner :- Smt.Madhulika Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- K.P. Verma Counsel for Respondent :- G.A Hon'ble Shashi Kant Gupta,J.
Hon'ble Shamim Ahmed,J.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. of case crime no. 39 of 2020, under Sections 417, 419, 420, 423, 467, 468 and 471IPC, Police Station Raj Ghat, District Gorakhpur.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not available against her during the investigation or till the submission of police report under section 173(2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of.
Order Date :- 25.8.2020 P.S.Parihar