Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14560 of 2018 Petitioner :- Mohd. Jamal Afzal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Deepak Singh has filed vakalatnama on behalf of respondent no. 4 which is taken on record.
Heard Sri S.F.A. Naqvi, learned counsel for the petitioner, Sri Deepak Singh, learned counsel for respondent no. 4, Sri Pawan Shukla, 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 by the petitioner with a prayer to quash the F.I.R. dated 28.5.2018 registered as case crime no. 732 of 2018 under section 304 I.P.C., police station Dhoomanganj, District Allahabad.
Learned counsel for the petitioners submits that the petitioner is a Contractor. The deceased was working as Mason in the firm of the petitioner. The deceased died due to electrocution. The petitioner undertakes to give Rs. four lacs to the wife of the deceased as compensation, hence the present F.I.R. be quashed by this Court.
Learned counsel for the respondent no. 4 and learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case subject to the condition that the petitioner shall pay a demand draft of Rs. Four lacs (4,00,000/-) in the name of the wife of the deceased before the S.S.P. Allahabad by 27th June, 2018.
In case, the petitioner fails to fulfil the condition mentioned above, the investigating agency will be at liberty to proceed against the petitioner in the present case in accordance with law.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018 Shiraz