Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10669 of 2019 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 19.03.2019, registered as Case Crime No.36 of 2019, under Section 328 I.P.C., P.S. Lahchura, District Jhansi.
The allegation in the impugned first information report is that the petitioner had poisoned food of the victim as a consequence of which she had to be admitted in the hospital.
The contention of the learned counsel for the petitioner is that there is matrimonial dispute between the parties and the petitioner has already instituted a suit under Section 9 of the Hindu Marriage Act and that the allegations are false and mala fide.
It has been submitted that the alleged incident has taken place in the own house of the informant and the F.I.R has been lodged with a delay of about 20 days.
Be that as it may, as the allegation discloses commission of cognizable offence, the prayer of the petitioner to quash the FIR cannot be accepted. More-so, because the learned A.G.A has produced a document showing that the victim had been admitted in the hospital as a suspected case of poisoning. However, considering the facts and circumstances of the case and the relationship between the parties as also that there has been some delay in lodging the first information report, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to the petitioner's co- operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 30.4.2019 m.a.