Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14207 of 2018 Petitioner :- Niti And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sandeep Kumar Singh, learned counsel for the petitioners, Sri Vikas Sahai, 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 9.12.2017 registered as case crime no. 578 of 2017 under sections 302 & 308 I.P.C. police station Karchhana, District Allahabad and further prayed to direct the investigating officer and local police not to arrest the petitioners.
Learned counsel for the petitioners submits that husband of petitioner no.1 had committed suicide due to some family dispute and the cause of death was shown as the burn injuries. The impugned F.I.R. was lodged after an inordinate delay of six months. It is further stated that Petitioner Nos.2 ,3 and 4 are mother, father and brother of petitioner no.1 respectively.
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 petitioners 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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018/A. Mandhani