Hon'ble Bachchoo Lal,J.
1. The petition seeks issuance of a writ in the nature certiorari quashing first information report as Case Crime No.4553 of 2011, under Sections 498-A, 304-B of the Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Unnao.
2. Contention of learned counsel for the petitioners is that Priya Singh wife of petitioner no.1 died on account of an accident. Petitioner no.1 tried to put out the fire and in the process received burn injuries.
3. Dying declaration of the deceased was recorded as per law, which has been placed on record as Annexure-7. The dying declaration absolves the petitioner of commission of crime. It has been pointed out that on investigation no incriminating evidence was found. Final report was filed. The complainant, however, filed a protest petition whereupon further investigation has been ordered under sub-section 8 of Section 173 Cr.P.C. The petitioners are apprehending arrest in regard to incident of 2011.
4. Issue notice to respondent no.5 returnable on 26.02.2016.
5. Investigating Officer is directed to conduct investigation and file his affidavit as regards genuineness of Annexure-7, the dying declaration.
6. Considering the contents of the dying declaration and the fact that an opinion of innocence by way of final report has already come on record. Arrest of the petitioner shall remain stayed till the next date of listing.
7. We have also taken into account of fact that investigation will not be throttled by stay of arrest of the petitioners in so much as no recovery is to be effected from the petitioners.
8. List on 26.02.2016.
Order Date :- 2.2.2016/Jitendra