Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23131 of 2018 Petitioner :- Rinku And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava,Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Following order was passed by this Court in this case on 13.09.2018 :-
"Heard learned counsel for the petitioners and learned A.G.A. for the State.
In compliance of the order passed by this Court dated 24.8.2018, Sri Tapesh Kumar Mishra, Sub-Inspector, Investigating Officer of this case, has appeared before this Court.
On being questioned, he told that the case which was initially lodged u/s 302 IPC were converted to Section 306 IPC by his predecessor Inspector Mohd. Sharif, who is now posted at Police Station Beconganj, District Kanpur Nagar.
In view of the above, we direct that Mohd. Sharif and the Investigating Officer shall remain present before this Court on the next date.
List on 24.9.2018.
Copy of the order be provided to learned A.G.A. within 24 hours for its compliance.
Interim order granted earlier, shall continue to operate till the next date of listing."
In compliance of the aforesaid order dated 13.09.2018, Md. Shareef Khan, former Investigating Officer of this case appeared before this Court and explained the circumstances under which he had converted the instant case which was initially lodged u/s 302 I.P.C. to one u/s 306 I.P.C. He invited our attention to the statements of the eye witnesses of the occurrence in which they had stated that the deceased had set herself ablaze after having a quarrel with the family members by locking herself inside a room of her house. He further stated that the F.I.R. of the incident was lodged after 11 days of the occurrence although at the time of the inquest, informant and his family members were present. Till date, he has not been able to gather any evidence indicating commission of offence u/s 302 I.P.C.
In view of the above, we find the explanation given by Md. Shareef Khan, former Investigating Officer of this case, satisfactory.
Sri Amit Kumar Srivastava, learned counsel for the petitioners submitted that there being no recital in the F.I.R. that the petitioners had abetted the deceased to commit suicide, the offence u/s 306 I.P.C. is not made out qua the petitioners. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming 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 :- 24.9.2018 KS