Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10628 of 2018 Petitioner :- Laxmi Prasad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sant Ram Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.R. Sharma, learned counsel for the petitioners, Sri G.P. Singh, 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 with the prayer to quash the F.I.R. dated 28.3.2018, registered as Case Crime No.125 of 2018, u/s 420, 302, 506 IPC, P.S. Sumerpur, district Hamirpur.
Learned counsel for the petitioners submits that petitioner no.1 is the son of respondent no.4. The father of the petitioner no.1 was living with him. The other brothers of the petitioner no.1 were living with respondent no.4 who is their mother. There was family dispute between them regarding their father's property on account of which the deceased committed suicide. As per post-mortem report cause of death is asphyxia as a result of ante-mortem hanging and except ligature mark, no other injury was found on the person of the deceased. The present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention after two years of the incident, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 Gaurav