Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37586 of 2018 Petitioner :- Nidhi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- V.K. Agnihotri Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri V. K. Agnihotry for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 3.11.2018 registered as Case Crime No. 1050 of 2018, under Section 306 P.S. Auraiya, Distt. Auraiya.
In the FIR in substance the allegation has been made that due to abetment made on behalf of the petitioners Vaibhav son of the informant had committed suicide on 24.7.2018. A suicide note has also been filed as Annexure -2 to the writ petition. A perusal of suicide note indicates that main allegation in this note has been made against the petitioners.
Thus the FIR discloses the cognizable offence and it is not liable to be quashed at this stage.
The counsel for the petitioners submits that husband of Smt. Nidhi, petitioner-1 was murdered in suspicious circumstances and suicide note has been planted on the spot. The petitioners have also moved an application under Section 156 (3) Cr P C in which the Magistrate concerned by the order dated 3.12.2018 directed for investigation of the matter.
Merely because there is counter version, at this stage it cannot be said that FIR has been lodged on false allegation or suicide note is a fabricated document.
However in case petitioners surrender and apply for bail then same shall be considered and decided expeditiously, in accordance with law.
It is also observed that if possible, bail application of lady accused shall be decided on the same day.
The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-