Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16704 of 2019 Petitioner :- Munish Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the petitioners, Ms. Archana 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 by the petitioners with a prayer to quash the F.I.R. dated 28.05.2019 registered as case crime no.63 of 2019 u/ss. 302, 328, 201 IPC, PS. Kudfatehgarh, District Sambhal.
Learned counsel for the petitioners submits that the marriage of petitioner no.1 and the deceased was solemnized nine years ago. The deceased died on account of snake bite and panchayatnama was conducted and it appears that as per the police report also (annexed at page 50) which was submitted on the basis of application u/s. 156 (3) Cr.P.C, the deceased died on 25.08.2018 because of snake bite. Hence, after the panchayatnama, postmortem was not conducted and the present FIR was lodged after five months of the incident by respondent no.3 for harassment of the petitioners and oblique motive on the basis of application under section 156 (3) Cr.P.C.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima