Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6923 of 2021 Petitioner :- Anupam Kumar Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report, registered as Case Crime No.291 of 2021 under Sections 302, 307, 506, 120-B IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) Police Station Gola District Gorakhpur with a further prayer to stay their arrest during pendency of investigation of the said case.
As per prosecution story, Anees Kumar (victim) had solemnized love marriage with Dipti Misra on 9.12.2019. The parents and other family members of Dipti Misra were greatly annoyed by it, as Anees Kumar was dhobi (SC). They openly extended threats from time to time to kill both of them as they felt that it had dented their image in society. On 24.7.2021, when Anees had gone to market along with his uncle Devi Dayal, both of them were attacked with sharp weapons by four persons, coming from other side on two motorcycles. They were taken to the hospital. Anees succumbed to injuries. Devi Dayal, who was also seriously injured was receiving treatment. The murderous attack was attributed to the family of Dipti Misra under a premeditated conspiracy to eliminate the victim. According to first informant, it was a case of honour killing.
Counsel for the petitioners submitted that the petitioners have been wrongly implicated. They have no connection with the alleged incident. They are only distant relations.
In our considered opinion, these questions cannot be examined in proceedings under Article 226 of the Constitution being matter of investigation. The petitioners are specifically named as accused and are alleged to be part of conspiracy.
The petition lacks merit and is dismissed.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 skv