Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10860 of 2018 Petitioner :- Divya @ Lali And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dileep Kumar Pandey Counsel for Respondent :- G.A.,Manish Kumar Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Pandey, learned counsel for the petitioners, Sri Manish Kumar Pandey, learned counsel for the caveator and Sri Ashish Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 12.4.2018 registered as FIR No. 395 of 2018 under sections 306, 504, 506 IPC, police station Kotwali Shahar, District Bulandshahar.
Learned counsel for the petitioners submitted that deceased appears to have some relationship with the petitioner no. 1 and when she refused to marry him, he committed suicide. Learned counsel for the petitioners further submitted that there was no relationship between the petitioner no. 1 and the deceased. The suicide note is not an authentic document and the same has not been proved by writing expert as to whether it was the hand writing of the deceased or not. Petitioner nos. 2 and 3 are family members of the petitioner no. 1.
Learned counsel for the private respondent has opposed the prayer and submitted that suicide note discloses that the petitioner was involved in this occurrence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 A.P. Pandey