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Neutral Citation No. - 2025:AHC:13910-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23952 of 2024 Petitioner :- Sunita Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Chandra Bhan,Mohd. Javed Akhtar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. This writ petition has been filed by the petitioner for quashing FIR dated 20.05.2016 registered as Crime No.0475 of 2016 under Sections 471, 468, 467, 420, 419 I.P.C., P.S. Kotwali Shahar, District Mirzapur.
3. Learned counsel for the petitioner submits that the FIR has been lodged against the petitioner and co-accused persons without correctly verifying the record. He submits that the petitioner has not committed any offence but her name has been included along with others for nothing. It has been argued that co-accused Yashwant Singh, Amit Tiwari and Kanchan Kumari @ Kanchan Rawat have already been protected by this Court vide order dated 08.07.2020, 31.07.2020 and 08.10.2020 passed in Criminal Misc. Writ Petition Nos. 6980 of 2020, 7323 of 2020 and 10235 of 2020 respectively, therefore, the petitioner may also be protected.
4. On the other hand, learned A.G.A. has vehemently opposed the petition.
5. Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
6. However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in aforesaid case till the submission of police report under Section 173(2) of Cr.P.C. before the court concerned subject to her cooperation in the ongoing investigation. Suffice to indicate that we have not adverted any opinion on the merits of the case. Order Date :- 27.1.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad