Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2711 of 2021 Petitioner :- Apurv Tyagi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19.09.2020 registered as Case Crime No.700 of 2020, under Sections 302, 507 IPC, P.S. Phase-III, District Gautam Budh Nagar.
The allegation in the impugned first information report, which has been lodged by the wife of the deceased, is that at the time of the incident the informant was at an advanced stage of pregnancy and when she received information from her in-laws that her husband has suffered head injury and is in an unconscious condition, she fainted and was admitted in a hospital. Thereafter, her husband was admitted for treatment but could not survive. Alleging that her husband has been killed by the accused, namely, the petitioners herein, the impugned first information report has been lodged by giving a detailed background of facts disclosing motive that might have operated in the murder of her husband. The impugned FIR has been lodged under the order of Magistrate in exercise of powers under Section 156(3) Cr.P.C.
The contention of the petitioners is that the petitioners have been falsely implicated; and that the husband of the informant died in a road accident.
On a pointed query whether there is any material/ document brought on record to suggest that the husband of the informant died in a road accident or in any other accident, the learned counsel for the petitioner failed to disclose any such documentary evidence/material.
Under the circumstances, once the allegation discloses that the husband of the informant died a homicidal death and there is no material to indicate that he died a natural death, the matter would have to be investigated and, therefore, it would not be appropriate for us to express any opinion as to whether there is sufficient material against the petitioners or not at this stage. Hence, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 7.4.2021 AKShukla/-