Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3194 of 2021
Petitioner :- Anita Sharma And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Akhilesh Chandra Shukla
Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
After hearing the learned counsel for petitioners and going through the record of this case, we do not find it a fit case to interfere under Article 226 of the Constitution of India even if it may be that the deceased died out of septicemia.
The allegations made by the complainant are against the petitioner No. 1 who is lady, wife of Dr. Pradeep Sharma and petitioner No. 2 is minor son of Dr. Pradeep Sharma. The submissions made by the counsel for the petitioners would not permit us to quash the First Information Report impugned in this petition pursuant to which a Case Crime No. 30 of 2021 under Sections 147, 148, 302, 504, 506, 394 IPC, Police Station - Paratapur, District - Meerut has been registered against the petitioners.
It is averred in the writ petition that the deceased tried to come for committing robbery in the house of the petitioners, which is captured in CCTV footage also. All these facts are required to be investigated. They are not such which can be believed as a gospel truth.
It is a fact that some person has died may be out of septicemia. As law laid down in the judgment of State of Telangana Vs. Habib Abdullah Jeelani, (2017) 2 SCC 779 as well as in the recent judgement of M/s Neeharika Infrastructure Pvt. Ltd. Versus State of Maharashtra and others, LL 2021 SC 211 will not permit us to quash the petition.
The petitioner No. 1 is lady and petitioner No. 2 is a minor child. A minor will not be lodged in jail by police authorities. As far as petitioner No. 1 is concerned, she may move the regular court for any other relief as available to her in law.
With these observations this writ petition stands disposed of. We make it clear that as the deceased has died out of septicemia, prima facie the provisions of Section 302 IPC will not be attracted in this case. Therefore, bar in filing the anticipatory bail/bail would not come in the way of the petitioners.
Order Date :- 12.5.2021 LBY