Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5082 of 2019 Petitioner :- Ajay And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Dutt Tiwari,Gyanendra Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 16.1.2019, registered as Case Crime No. 10 of 2019, under Sections 302, 120-B IPC at P.S. Sainya, District Agra.
Allegation in the FIR is that the accused Ajay and Dheeraj (petitioners) had come to the house of the informant on 19.10.2018 and had taken the deceased with a view to visit Dussehera Mela. It is alleged that thereafter the deceased did not return alive and it appeared that the deceased was pushed by the accused so that he falls in a canal knowing that the deceased did not know swimming.
The postmortem report of the deceased, which is dated 20.10.2018, disclosed that death was a consequence of asphyxia as a result of anti- mortem drowning though no anti-mortem injury was seen on the body. The approximate time of death was three-fourth of the day.
It is not shown to us as to whether the petitioners had given any information about the drowning of the deceased though it is claimed that it appears to be a case of accident.
There is no cogent averment as to why the informant would falsely implicate the petitioners.
Under the circumstances, no case for quashing of the FIR is made out. Petitioners are at liberty to apply for bail.
Subject to above, the writ petition is dismissed.
Order Date :- 25.2.2019 RavindraKSingh