Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14302 of 2018 Petitioner :- Krishna Kant Ojha And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Satyendra Chandra Tripathi,Sri. Radha Kant Ojha (Sr. Adv.) Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard Sri R.K. Ojha, learned senior counsel assisted by Sri Satyendra Chandra Tripathi learned counsel for the petitioner(s) and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0187 of 2018 u/s 306 IPC PS Eicotek-III District Gautam Budh Nagar.
Learned counsel for the petitioner(s) submitted that all the petitioners have been named in the FIR; petitioner no.3 happens to be the wife of the deceased; husband has committed suicide; marriage is of 4th December, 2017 and incident is of the night of 4/5th May, 2018; the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
We have perused the suicide note which is at page 49 of the writ petition, contents of which are self explicit. The cause of death is cardiac arrest on account of overdose of some medicines.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
So far as petitioner no. 3 is concerned, the following order is being passed;
Without expressing any opinion on the merits of the case, however looking to the allegations as made in the FIR as well as in the suicide note against the petitioner no.3 and the period of marriage, it is directed that in case the petitioner nos.3 being lady appears and surrenders before the courts below and applies for bail, her prayer for bail shall be considered and decided expeditiously.
So far as petitioner no. 1, 2, 4 and 5 are concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that petitioner no. 1, 2, 4 and 5 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner no. 1, 2, 4 and 5 shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2018 SP