Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33956 of 2018 Petitioner :- Kamal Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bindeshwari Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 15.11.2018 registered as Case Crime No. 781 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S.- Farah, District-Mathura.
It is submitted by learned counsel for the petitioners that the petitioners are father-in-law, mother-in-law, husband and brother-in-law of the deceased Rajni, who had died in her matrimonial house. Her post mortem report (Annexure No.7) does not indicate any anti mortem injury and cause of death is stated to be Septecemic shock due to some underlying pathology. Hence, as on date there is no evidence on record even prima facie indicating that the death of the deceased Rajni was either homicidal or suicidal hence, no presumption under Section 304B IPC or 113B of the evidence act can be raised against the petitioners and since no cognizable offfence against the petitioners is made out, the impugned FIR is liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 27.11.2018 AK Pandey