Hon'ble Yogendra Kumar Sangal,J.
Heard Shri Virendra Bhatia, learned Senior Advocate appearing for the petitioner, learned Additional Government Advocate as well as Shri A.K.Jaiswal, learned Advocate appearing for the respondent no.4.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 1000 of 2008 under Section 306 IPC, police station Gomti Nagar, district Lucknow.
We have gone through the contents of FIR from which it comes out that one Smt. Minakshi, said to be wife of respondent no. 4, has committed suicide as alleged due to illicit relation with the petitioner.
Argument advanced by the learned counsel for the petitioner is that no doubt initially the FIR was registered under Section 306 IPC, but since nothing incriminating was found against the petitioner with respect to commission of offense under Section 306 IPC, as such, the case was converted by the I.O. under Sections 498-A/304B IPC and Section 3/4 Dowry Prohibition Act. It is further argued that after the case having been converted under Sections 498-A/304B IPC read with Section 3/4 Dowry Prohibition Act and when under these Sections again nothing was found during the course of investigation, as such, again the case was converted with respect to original Section 306 IPC. Now the Police is after the petitioner without any rhyme or reason and without there being any evidence of Section 306 IPC. It is further argued that once once complainant/respondent no. 4 was sent to jail after the case having been found to be within the parameter of Sections 498-A/304B IPC read with Section 3/4 Dowry Prohibition Act, then again investigation has been tilted towards the petitioner with respect to alleged commission of crime under Section 306 IPC which is a sham.
Learned counsel for the respondent no. 4 submits that since nothing was found during the course of investigation that Smt. Minakshi was done to death due to lust of dowry and evidence has come that she has committed suicide due to having illicit relation with the petitioner, as such, involvement of the petitioner under Section 306 IPC is very well made out since Smt. Minakshi has died an unnatural death.
As to whether, it is a case under Section 306 IPC or under Sections 498-A/304B IPC and Section 3/4 Dowry Prohibition Act is matter of investigation and, as such, the FIR cannot be quashed. Since it discloses commission of cognizable offence However, in the aforesaid facts and circumstances, we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against him during the course of investigation with respect to his involvement in commission of crime under Section 306 IPC, provided he cooperates with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 6.1.2010 Kaushal