Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34256 of 2018 Petitioner :- Amresh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Purushottam Maurya Counsel for Respondent :- G.A.,Dhiraj Kumar Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 11.11.2018 in Case Crime No. 319 of 2018, under Section 498A, 306 IPC, P.S.- Auddhogik Kshetra, District- Allahabad.
It has been submitted by learned counsel for the petitioner that the petitioner is the husband of the deceased, who had committed suicide in her matrimonial house after 16 years of marriage and hence, no presumption under Section 113-B of Indian Evidence Act can be raised against him. It is next contended that no recital made in the FIR that the petitioner had provoked the deceased to commit the suicide and hence, offence under Section 306 is not made out.
Per contra, Sri Dhiraj Kumar Pandey, learned counsel for the respondent no.3 submitted that the post mortem report of the deceased, copy whereof brought on record as Annexure No.3, fully establishes that the deceased was strangulated to death.
In view of the above, the impugned FIR is not liable to be quashed.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, after perusing the record and considering the nature of the allegations, it is directed that in case the petitioner appears before the court concerned within three weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
With this direction, this petition is finally disposed of.
Order Date :- 28.11.2018 AK Pandey