Petitioner challenged pending investigation and alleged police harassment after a prior writ was dismissed against her; court noted no case for interference as she is not on bail and dismissed the petition.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9940 of 2019
Petitioner :- Arti Dixit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
A perusal of the record would reveal that to challenge the first information report in respect of Case Crime No. 472 of 2016 at P.S. Barra, District Kanpur Nagar and to seek consequential relief, the petitioner, along with seven others, had filed Crl. Misc. Writ Petition No. 20998 of 2016 which was disposed off by order dated 27.09.2016 by specifically observing that the petition of petitioner no.7, namely, Smt. Arti Dixit (the petitioner herein) is dismissed.
The grievance of the petitioner is that investigation is still pending and the police is harassing the petitioner therefore direction be issued to the police to fairly investigate the matter and not to arrest the petitioner in Case Crime No. 472 of 2016.
As the first petition has already been dismissed, the petitioner may surrender and apply for bail.
As it is not the case of the petitioner that she is on bail and yet being troubled by the police, no case for interference in this second petition is made out.
The petition is dismissed .
Order Date :- 16.4.2019 Sunil Kr Tiwari
Arti Dixit
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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