Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16920 of 2019 Petitioner :- Ruby Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Neeraj,Chandrakesh Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Shri Vikrant Neeraj, learned counsel for petitioners and Shri Rajeshwar Singh, learned A.G.A. appearing on behalf of State.
This petition has been filed challenging the F.I.R. dated 13.05.2019 giving rise to Case Crime No. 225 of 2019, under Sections 326A, 323, 504, 498A I.P.C. and 3/4 D.P. Act, P.S. Sikandararau, District- Hathras.
The submission of learned counsel for petitioners is that petitioners no. 1 and 2 are the sister-in-law (Jethani) and mother-in-law respectively of the prosecutrix and the dispute, if any is with the husband. The violence reported through the F.I.R. is one in respect of which the husband alone would be answerable.
Learned A.G.A. has opposed the motion to admit this petition to hearing and taken us through the F.I.R. A perusal of the F.I.R. shows that in substance the allegation is that all the three accused, the husband included and two others i.e. the sister-in-law (Jethani) and mother-in-law assaulted the deceased on 09.05.2019 at 10:30 a.m., made her ingest acid and poured acid over the body of prosecutrix. It is reported that the prosecutrix is going under medical treatment at the District hospital Baagla, District Hathras.
Looking to the facts and circumstances of the case, in particular that it is a case of acid attack, we do not find it fit to interfere in the exercise of our jurisdiction of under Article 226 of the Constitution.
Accordingly, this writ petition is dismissed. Order Date :- 20.6.2019 Sharad/-