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Rakesh Kumar Mishra vs State Of U P And Others

High Court Of Judicature at Allahabad|19 August, 2021
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JUDGMENT / ORDER

Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6931 of 2021 Petitioner :- Rakesh Kumar Mishra Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and learned AGA for the State-respondents.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No.291 of 2021 under Sections 302, 307, 506, 120-B IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) Police Station Gola District Gorakhpur with a further prayer to stay his arrest during pendency of investigation of the said case.
As per prosecution story, Anees Kumar (victim) had solemnized love marriage with Dipti Misra on 9.12.2019. The parents and other family members of Dipti Misra were greatly annoyed by it, as Anees Kumar was dhobi (SC). They openly extended threats from time to time to kill both of them as they felt that it had dented their image in society. On 24.7.2021, when Anees had gone to market along with his uncle Devi Dayal, both of them were attacked with sharp weapons by four persons, coming from other side on two motorcycles. They were taken to the hospital. Anees succumbed to injuries. Devi Dayal, who was also seriously injured, was receiving treatment. The murderous attack was attributed to the family of Dipti Misra under a premeditated conspiracy to eliminate the victim. According to first informant, it was a case of honour killing.
Counsel for the petitioner submitted that the petitioner has been wrongly implicated. He has no connection with the alleged incident. He is only distant relation. He has also set up a plea of alibi.
In our considered opinion, these questions cannot be examined in proceedings under Article 226 of the Constitution being matter of investigation. The petitioner is specifically named as co-accused and is alleged to be part of conspiracy.
The petition lacks merit and is dismissed.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 skv
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Title

Rakesh Kumar Mishra vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 August, 2021
Judges
  • Manoj Kumar Gupta
Advocates
  • Sudhanshu Pandey