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SMT. AMRAWATI KUSHWAHA SANKHYA SAHAYAK versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Smt. Amrawati Kushwaha Sankhya Sahayak v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 14173 of 2007 [2007] RD-AH 15580 (14 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.32

Criminal Misc. Writ Petition No.14173 of 2007

Smt. Amrawati Kushwaha v. The State of UP & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

Heard learned counsel for the petitioner and learned AGA appearing for respondent nos.1 & 2 and also perused the impugned FIR.

In the instant writ petition the petitioner has come up for quashing of the FIR dated 22.8.2007 in Case Crime No.566 of 2007, under Sections 419, 420, 467, 468, 471 & 120-B IPC, Police Station Cantt, District Varanasi.

It is vehemently contended that the petitioner has falsely been implicated in the impugned FIR. It is also contended that the allegation in the FIR does not disclose commission of any cognizable offence.

We are not impressed with the submission for the reason that from a bare reading of the impugned FIR, commission of cognizable offence is disclosed and, therefore, we are not inclined to quash the impugned FIR or to grant any relief to the petitioner at this stage. However, in view of the facts and circumstances of the case and also in view of the judgment of the Hon'ble Apex Court in the case of Jogendra Kumar Vs. State of U.P. and others, 1994 (4) SCC 260, it is provided that the petitioner shall be arrested only when credible evidence is collected against her and if it is found that her arrest is necessary and justified for the purpose of proper investigation.

With the aforesaid observation, the petition stands disposed of.

14.9.2007

A.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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