Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34078 of 2018 Petitioner :- Rajwati And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.08.2018 registered as Case Crime No. 240 of 2018, under Sections 498-A, 302 I.P.C., P.S.- Bichhwan, District- Mainpuri.
It has been submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3, father of the deceased Smt. Sunita who had committed suicide in her matrimonial home after 15 years of marriage, pursuant to an order passed on the application moved by him u/s 156 (3) Cr.P.C. Hence, no presumption u/s 113-B Evidence Act can be invoked. Moreover, there is no recital in the impugned F.I.R. that the petitioners had either instigated or abetted the deceased to commit suicide. Hence, no cognizable offence against the petitioners is made out. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 KS