Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25713 of 2018 Petitioner :- Ram Prasad Dubey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Kumar Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.08.2018 registered as Case Crime No. 497 of 2018, under Sections 498A, 323, 504, 306 I.P.C., P.S. George Town, District Allahabad.
Learned counsel for the petitioners submitted that deceased, Sony Devi @ Archana Dubey had committed suicide in her matrimonial home after 12 years of her marriage and at the time of her committing suicide, she had two children aged about 11 years and 6 years. Since the impugned F.I.R. does not contain any recital that the petitioners who are the husband, mother-in-law (saas) and brother-in-law (devar) had abetted her to commit suicide, it cannot be said that the petitioners have committed any cognizable offence. Moreover 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 F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned F.I.R., 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 their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 17.9.2018 SA