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Sarita Paswan vs State Of U.P. And 2 Others on 16 September, 2019


?Court No. – 43

Case :- CRIMINAL MISC. WRIT PETITION No. – 21327 of 2019

Petitioner :- Sarita Paswan

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Sushil Kumar Pandey

Counsel for Respondent :- G.A.

Hon’ble Pankaj Naqvi,J.

Hon’ble Suresh Kumar Gupta,J.

Heard Sri Sushil Kumar Pandey, learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 3.9.2019 registered as Case Crime No.266 of 2019, under Sectionsection 323, Section377, Section506 I.P.C, P.S. Refinery, District Mathura.

It is submitted on behalf of the petitioner that the petitioner is a lady, allegation, if any, under Section 377 IPC is against co-accused Shiv Raj Singh (husband of informant) only, no offence is made out against the petitioner, FIR is malafidely motivated, liable to be quashed.

Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.

After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.

With the aforesaid direction, this petition is finally disposed of.

Order Date :- 16.9.2019




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