Pushpa Devi And Another v. State Of U.P. And 2 Others

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 514 of 2020

Petitioner :- Pushpa Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.

Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.

This is a second petition of the petitioners to quash the first information report dated 05.09.2016 registered as Case Crime No. 552 of 2016 at P.S. Dankaur, District-Gautam Budh Nagar, under Sections 406, 420, 467, 468, 471, 506 I.P.C.

The first petition, namely, Crl. Misc. Writ Petition No. 20974 of 2016 was disposed off by order dated 26.09.2016 by providing that the petitioner shall not be arrested in the above case till submission of police report u/s 173(2) Cr.P.C. provided she co-operates in the investigation.

It appears that the matter was investigated and a final report was submitted.

According to the learned counsel for the petitioners, on the final report, protest petition was filed and further investigation was directed .

The grievance of the petitioners is that, now, during further investigation, the petitioners are apprehending their arrest.

If that is so, then the petitioners may apply for bail/anticipatory bail, as may be advised but, since this is a second petition and the prayer to quash the impugned FIR has not been accepted in the first petition, no relief can be granted to the petitioner in the writ jurisdiction.

Subject to above, the petition is dismissed.

Order Date :- 14.1.2020 Sunil Kr Tiwari

Neutral Citation No. - 2020:AHC:9130-DB