Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37310 of 2018 Petitioner :- Jamuna Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 06.08.2018 registered as Case Crime No. 405 of 2018, under Section 306 I.P.C., P.S. Cantt., District- Bareilly.
It is submitted by the learned counsel for the petitioner that during the investigation, the case has been converted to one u/s 306 I.P.C. as is evident from the police report submitted before the Chief Judicial Magistrate in response to the surrender application moved by the husband of the deceased before him. He further submitted that there being no recital in the impugned F.I.R. that the petitioner had abetted the deceased to commit suicide and the deceased having committed suicide after ten years of her marriage, no cognizable offence against the petitioner is made out and hence the impugned F.I.R. is liable to be quashed qua the petitioner.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C., in Case Crime No. 405 of 2018, under Section 306 I.P.C., P.S. Cantt., District- Bareilly, subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 20.12.2018/Jaideep/-