Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5254 of 2018 Petitioner :- Raju And 3 Ors.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri M.K. Tripathi, learned counsel for the petitioners, Sri R.K. Mishra, learned brief- holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 15.2.2018, registered as Case Crime No.125 of 2018, u/s 306 IPC, P.S. Hapur Nagar, district Hapur.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of the deceased. The marriage between the two was solemnized in the year 2009. Out of their wedlock two children were born. The deceased was suffering from Tuberculosis for which she was being given medical treatment for the last one year. On the date of incident, there was marriage in the relation of petitioner no.1 and was not taken there on account of which she committed suicide. As per post-mortem report, cause of death is asphyxia as a result of ante-mortem hanging and except ligature mark no ante-mortem injury was found on the body of the deceased.
Learned brief-holder opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 og 2017 decided on 27.7.2017, 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Gaurav