Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38019 of 2018 Petitioner :- Kavita Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri A.K. Mishra, learned counsel for the petitioner, Sri Prabhash 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 1.4.2018 registered as case crime no. 184 of 2018 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Badahalganj, District Gorakhpur.
Learned counsel for the petitioner submits that the petitioner is the sister- in-law (Jethani) of the deceased. The husband, father-in-law and mother- in-law of the deceased are already confined in jail in the present case. As per the suicide note of the deceased, there is no allegation against the petitioner. As per post mortem report of the deceased, the cause of death is asphyxia as a result of anti mortem hanging, hence the present F.I.R. against the petitioner is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing and submitted that as per the post mortem report of the deceased except the ligature mark some other anti mortem injuries, i.e., contusions were also found on the person of the deceased.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz