Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33700 of 2018 Petitioner :- Munish And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.6.2018 registered as Case Crime No. 264 of 2018, under Sections 306 IPC, P.S.- Zarif Nagar, District- Budaun.
It has been submitted by the learned counsel for the petitioners that petitioners are not related to the husband of deceased in any manner. Initially, the FIR was registered under Section 302 IPC but later on it was converted to one under Section 306 IPC. It is next submitted that the petitioners are not named in the FIR, which was lodged after six months. The husband of the deceased, Bhoorey, is the sole accused, who has been named in the FIR. It is next submitted that there is no material on record to indicate that the petitioners have instigated or abetted the deceased to commit suicide hence, no offence under Section 306 IPC is made out against the petitioners. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, 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 and the impugned F.I.R. 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 F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.11.2018 AK Pandey