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