Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26499 of 2018 Petitioner :- Manoj And Another Respondent :- State Of U.P. And 03 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 and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 08.10.2017 in Case Crime No.919 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Sardhana, District Meerut.
It is submitted by learned counsel for the petitioners that the petitioners are brother-in-law (devar) and father-in-law of the daughter of respondent no.4, who had died her natural death in her matrimonial home. However, the FIR was lodged by respondent no.4 containing absolutely false and concocted allegations regarding commission of offences by the petitioners under Sections 498-A, 304-B I.P.C. He further submitted that her post mortem report does not indicate any ante mortem injury and the cause of death cannot be ascertained. The viscera of the deceased has been preserved but the viscera report has not been received till date. As on date there is no evidence on record even prima facie indicating that the death of deceased was either homicidal or suicidal. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and the impugned FIR qua the petitioners is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegations made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation or till the receipt of viscera report.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.9.2018 Anand Sri./-