Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34367 of 2018 Petitioner :- Anand Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maheep Singh,Sanjay Kr. Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Sanjay Kumar Srivastava, learned counsel for petitioner and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 01.03.2018 registered as Case Crime No. 125 of 2018, under Section 306 I.P.C., Police Station- Shivpur, District- Varanasi.
A perusal of F.I.R. shows that in substance the allegation has been made that one Ritu Raj Bharti who was residing in a rented accommodation at Danupur Cryist Nagar, Police Station- Shivpur, District Varanasi. He committed suicide on 26.02.2018 by hanging himself. In his purse a suicide notice has been recovered in which it has been mentioned that the petitioner was responsible for his suicide. The petitioner was always used to harass him.
Counsel for the petitioner submits that the abetment has been defined under Section 107 I.P.C. and if petitioner has raised any objection in meeting of the deceased with his sister then it does not come within the definition of abetment as given under Section 107 I.P.C. F.I.R. does not disclose any offence against the petitioner.
As such the writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No.
125 of 2018, under Section 306 I.P.C., Police Station- Shivpur, District- Varanasi till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 29.11.2018 Sharad/-