Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22698 of 2018 Petitioner :- Hanuman Das Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Sinha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Prateek Sinha, learned counsel for the petitioners, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR 6.8.2018, registered as case crime No.324 of 2018, under Section 304 I.P.C., P.S. Ramkola, District Kushinagar.
Learned counsel for the petitioners submits that the petitioners are the Director/Manager, alleged Deputy Manager and Principal respectively of the Institution in question and they have been falsely implicated in the present case. He further submitted that it is alleged that the deceased died on account of some ailment and cause of death could not be ascertained, hence, viscera was preserved. He next argued that the allegation made in the FIR that the deceased who was 12 years child, was beaten by the teachers in the School, is absolutely false one as the post mortem report of the deceased shows that no ante mortem injuries were found on the person of the deceased and it was the Management which made efforts to take the deceased to the hospital, where he died. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they 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 :- 21.8.2018/NS