66Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25465 of 2019 Petitioner :- Akhilesh Kumar Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Narain Pathak Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; Sri R.K. Gupta for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 05.12.2019 registered as Case Crime No.1068 of 2019, under Section 306 IPC, P.S. Soraon, District Prayagraj.
The allegation in the impugned first information report, which has been lodged by the mother of the deceased, is that the deceased (the daughter of the informant) and the informant both were harassed by informant's Bahnoi (the petitioner), as a consequence of which, the deceased committed suicide. It is alleged in the first information report that, on 05.12.2019, at about 5.45 pm, when the informant arrived at the house, she found the door of the house locked from inside and when it was not opened, despite several knock at the door, the door was broke open and the deceased was found hanging from a ceiling fan.
The contention of the learned counsel for the petitioner is that this is a case where no presumption would be available to the prosecution and there is no specific reason disclosed as to why the petitioner would harass the deceased which may drive her to commit suicide. It has been submitted that the deceased had some relationship and may be that was not liked by the family therefore on account of the frustration, she may have committed suicide. It has been submitted that the postmortem report of the deceased does not reveal any anti mortem injury except a ligature mark around the neck which suggests that the death was due to asphyxia as a result of anti mortem hanging. It has been submitted that as per postmortem report no injury was found on or about her private part. It has been submitted that, under the circumstances, the petitioner is entitled for protection.
Be that as it may, since a person has died, may be on account of suicide, the matter would have to be investigated to ascertain the cause of her death or reason for commission of suicide. Hence, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation.
Order Date :- 19.12.2019 AKShukla/-