Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25921 of 2019 Petitioner :- Gagan Nishad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tripathi,Anurag Vajpeyi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12th September, 2019 registered as Case Crime No.325 of 2019, under Sections 302, 201, 34, 323, 504 and 506 IPC at Police Station Daraganj, District Prayagraj.
The allegations in the impugned first information is that informant's uncle (Chacha) was assaulted by the accused in connection with dispute relating to flow of A.C. discharge (water) and that co-accused Praveen even tried to strangulate him as a result his breathing got irregular and he was taken to the hospital and declared dead. It is alleged that out of fear last rites were performed without making an attempt to immediately lodge a report.
Learned counsel for the petitioners submitted that in fact the deceased died a natural death and the first information report is mala fide and with inordinate delay of about seven days and there is no evidence that he died a homicidal death.
Whether the deceased died a natural death or homicidal death as also whether the allegations are true or false would have to be determined on the basis of material collected during the course of investigation and, if necessary, on the basis of evidence led in trial, but, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to obtain bail, if so advised.
Order Date :- 20.12.2019. Rks.