Disposed

Mewati Devi v. State of U.P. and Another

Allahabad HC15 May 2019CRLP/3140/2019

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of an FIR under the U.P. Gangster Act. The court refused to quash the FIR but quashed the order of arrest against the petitioner, allowing investigation to continue subject to conditions.

What did the court decide?

The petitioner shall not be arrested in the pending case until submission of police report under Section 173(2) Cr.P.C., subject to her cooperation in investigation.

Mewati Devi Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3140 of 2019

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Petitioner :- Mewati Devi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Nazrul Islam Jafri,Matiur Rehman Khan Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent Nos. 1 and 2 and perused the record.

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The instant petition seeks quashing of the FIR dated 14.8.2018 registered as Case Crime No. 738 of 2018, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station Kotwali, District Deoria.

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The allegation in the impugned FIR which has been lodged by naming 10 persons including the petitioner is that the petitioner is part of gang which indulges in offences punishable under Chapter 16 and 17 of the Indian Penal Code, such as abduction; illegal purchase of properties by creation and fabrication of documents etc.

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The contention of learned counsel for the petitioner is that the implication of the petitioner has been made by showing her involvement in Case Crime No. 368 of 2018 at P.S. Kotwali, District Deoria.

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It has been submitted that in Case Crime No. 368 of 2018 the petitioner was granted protection by this Court, vide order dated 18.5.2018, passed in Criminal Misc. Writ Petition No. 18274 of 2018.

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A counter affidavit has been filed by the Investigating Officer disclosing that the investigation of the case is continuing.

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Although it has not been specifically disclosed in the counter affidavit as to whether any charge sheet has been submitted in the previous case or not but from the gang chart it appears that the charge sheet has been submitted in the previous case.

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It has not been disclosed by the petitioner whether the petitioner has obtained bail in the previous case.

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As it is well settled that correctness of the allegations are not ordinarily to be tested in writ jurisdiction because that would depend upon the material collected during the course of

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investigation, the prayer of the petitioners to quash the F.I.R. cannot be accepted.

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However, considering the facts and circumstances of the case, we deem it appropriate to dispose off the petition by providing that investigation of the case shall continue and be brought to its logical conclusion, but, subject to petitioners' cooperation in the investigation, she shall not be arrested in the above case till submission of police report, under Section 173 (2) Cr.P.C., in the aforesaid case.

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It is, however, made clear that this protection shall not be available to the petitioner if charge sheet has been submitted against the petitioner in Case Crime No. 368 of 2018 and petitioner has not obtained bail in that case.

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Order Date :- 15.5.2019 Manish Tripathi

Mewati Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mewati Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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