Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23163 of 2018 Petitioner :- Poonam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 5.5.2016 registered as Case Crime No. 88 of 2016, under Section 306 IPC, P.S. Ratanpuri, District Muzaffarnagar.
It is submitted by learned counsel for the petitioners that there is no allegation against the petitioners that petitioners had abeted the deceased to commit suicide. The offence under section 306 IPC is not made out against the petitioners. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR 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 allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, 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 her extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 RPD