Smt. Irfana Khatoon Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 7024 of 2019 Petitioner :- Smt. Irfana Khatoon Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Farid Ahmed Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Farid Ahmed, learned counsel for the petitioner and Sri Jitendra Kumar Jaiswal, the learned A.G.A.

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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 3.2.2019 registered as Case Crime No. 125 of 2019, under section 420, 406, 452, 323, 504, 506, 307, 427 I.P.C, P.S. Kotwali Shahar, District Bijnor.

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It is submitted by learned counsel for the petitioner that initially she had lodged an FIR as Case Crime no. 192 of 2018 under Sections 376, 506 IPC, P.S. Nagla, Bijnor against respondent no.3, in which under Section 164 CrPC statement dated 7.1.2019, she had supported the allegations of sexual assault qua respondent no.3. The impugned FIR on mischievous and motivated allegations is only with a view to harass the petitioner so as to come to terms, same be quashed.

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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.

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

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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 cooperation during investigation.

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

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Order Date :- 14.3.2019 N.S.Rathour

Smt. Irfana Khatoon v. State of U.P. and 2 Others

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Smt. Irfana Khatoon v. State of U.P. and 2 Others

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