Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24626 of 2018 Petitioner :- Lalita And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, Ms. Manju Thakur, learned A.G.A. for the respondent nos. 1 and 2 and Sri Daya Ram Yadav, learned counsel for the respondent no. 3.
Record shows that on 06.09.2018 this court has passed the following orders:-
"It is submitted by learned counsel for the petitioners that petitioner no. 1- Lalita after leaving her parental home on her own accord has solemnized marriage with petitioner no.2-Abid, voluntarily.
The averments made in the writ petition are supported by an affidavit which has been jointly sworn by petitioner nos. 1 and 2. However, when the petitioner nos. 1 and 2 were leaving the High Court after swearing the affidavit, they were arrested by the police force of Police Station - Meerapur, District - Muzaffarnagar. Petitioner no. 2-Abid has been sent to jail while custody of petitioner no. 1-Lalita has been given to her parents.
Having heard learned counsel for the petitioners and on perusal of averments made in the writ petition, we direct respondent no. 2-Station House Officer, Police Station -Meerapur, District - Muzaffarnagar to produce petitioner nos. 1 and 2 - Lalita and Abid respectively before this Court on Monday i.e. 10.09.2018.
In the meantime, no coercive steps shall be taken against the other petitioners.
Copy of this order shall be provided to learned A.G.A. today itself. "
In compliance of the aforesaid order the Investigating Officer of this case Sri Piyush Kant appeared before this Court and stated that after arresting the petitioners, he had taken them along with respondent no. 5 by car to Kanpur Nagar where they boarded North East Express for going to Muzaffar Nagar. After sometime petitioner no. 2 went to toilet followed by petitioner no. 1 Lalita and thereafter both of them became seriously ill and it appeared that they had consumed poison. He firstly got them admitted in Krishna hospital from there the petitioner nos. 1 and 2 were referred to Regency Hospital, Kanpur Nagar where both the petitioners died during treatment. He further stated that in order to save the lives of the petitioners for providing best treatments to them, he had spent Rs. 80,000/- from his own pocket. He has denied that it is a case of honour killing.
An affidavit has also been filed by the petitioners in the Court today, which is taken on record and from the perusal of the averments made in the affidavit, it appears that they are also not pressing the plea of honour killing and the only thing they want is that the matter may be investigated fairly.
A counter affidavit has been filed on behalf of respondent no. 3 in the Court today, which is also taken on record.
From the perusal of the counter affidavit filed on behalf of the respondent no. 3, it transpires that an information regarding the present case has been given to police station, Kakadev, District Kanpur Nagar. The parties are in agreement that the matter may be investigated fairly.
Having heard the parties and perused the material brought on record, we, at this stage, do not find any material on record which may indicate that the present case is of honour killing, but nevertheless matter requires thorough investigation. We, therefore, without expressing any opinion on the merits of the case, dispose of this writ petition with the direction to the concerned police station to investigate the matter and submit the police report under section 173(2) Cr.P.C. expeditiously. Till then no coercive steps shall be taken against the petitioner nos. 3 and 4, subject to cooperation their in the investigation.
It is made clear that the investigating agency shall investigate the matter without being influenced of any observation made by us on merits hereinabove.
Order Date :- 13.9.2018 RPD