Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22773 of 2018 Petitioner :- Prem Lata Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwaini Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashwini Mishra, learned counsel for the petitioner, Sri Prabhash Pandey, 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 9.4.2018 registered as case crime no. 313 of 2018 under section 302 I.P.C. later on converted under section 306 I.P.C., police station Lanka, District Varanasi.
Learned counsel for the petitioner submits that the petitioner is the mother- in-law of the deceased. Though the case has been registered under section 302 I.P.C. but later on it was converted under section 306 I.PC. The cause of death is poisoning. The husband of the deceased is already confined in jail and other family members of the petitioner have been exonerated. As per the post mortem report, no ante mortem injury was found on the person of the deceased, hence the F.I.R. against the petitioner is liable to be quashed by this Court.
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 petitioner 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 :- 21.8.2018 Shiraz