Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19192-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 692 of 2025 Petitioner :- Smt. Vimla Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar,Vishnu Prasad Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri Gaurav Pratap Singh, learned State Law Officer for State respondents. 2. The instant writ petition has been preferred for quashing the FIR dated 13.01.2024 being Case Crime No.0021 of 2024 under Section 419, 420, 467, 468 and 471 IPC, P.S. Bisanda, Distt. Banda and for a direction to respondents not to take coercive action against the petitioner. 3. The amendment application dated 09.02.2025 is allowed. Let the amendment be carried out forthwith. 4. It is contended that the impugned FIR has been lodged totally on false allegations just to harass her. The petitioner is innocent having no complicity in the instant matter. She has also not been named in the FIR. Her name has surfaced during investigation. It is contended that even the main accused Ram Lakhan Gautam has already been accorded interim relief and as such the petitioner is also entitled for similar indulgence. 5. Learned State Law Officer, on the other hand, has vehemently opposed the writ petition on the ground that the instant writ petition has been preferred with concealment of material fact. He contends that the petitioner has already been made accused in Case Crime No.411 of 2021 under Section 306 IPC, wherein police report has already been submitted to the competent court on
21.08.2022. It is submitted that the said fact has not been divulged while instituting the instant writ petition and as such the writ petition is liable to be dismissed. 6. Considering the facts and circumstances of the case, once we declined to interfere in the matter, learned counsel for the petitioner states that he is not inclined to press the writ petition. He, however, states that leave may be accorded to the petitioner to
avail the remedy as available in law. 7. The writ petition is accordingly dismissed as not pressed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 10.2.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad