Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30897 of 2018 Petitioner :- Krishna Chauhan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap 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 a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 01.05.2018 registered as Case Crime No. 0068 of 2018, under Sections 498-A, 304-B IPC, 1860 & Section 3/4 D.P. Act, 1961, PS Khiri, District Allahabad.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of his daughter Smt. Sabita including father, mother and married sister. It is further submitted that the husband of the deceased has already been arrested and sent to jail. As regards the petitioners no cognizable offence is disclosed in the impugned FIR. Qua the petitioners the impugned FIR is liable to be quashed. It is further submitted that post-mortem report of the deceased neither indicate any ante-mortem injury nor ascertain the cause of death and there is no evidence on record to show that the deceased had committed suicide. It is further submitted that viscera of the deceased was preserved but the viscera report has not been received till date.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 3 Pushpa shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to her extending full cooperation during investigation.
2. Qua petitioners no. 1/Krishna Chauhan and 2/Smt. Phool Kumari, this writ petition stands dismissed. However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case they appear before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 29.10.2018 A.K.Verma