Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36869 of 2018 Petitioner :- Smt. Sabina @ Sanno And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Yaseen 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 A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 3.10.2018 registered as Case Crime No.411 of 2018, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 of D.P. Act, Police Station- Piparaich, District- Gorakhpur.
It is submitted by learned counsel for the petitioners that the petitioners are married sister-in-law (nanad), mother-in-law and brother-in-law of the deceased. She died on 5.04.2018, her postmortem report, copy whereof has brought on record as Annexure No.3 neither indicates any ante mortem injury nor cause of her death could be ascertained. Viscera of the deceased has been preserved but viscera report has not been received till date. Specific averment in this regard has been made in paragraph 10 of the petition. It is further submitted that it has been falsely alleged that petitioner had administered poison to the deceased. Hence on the date there is no credible evidence on record even prima facie indicating that the death of the deceased was either homicidal or suicidal. Moreover the F.I.R. in this case was lodged pursuant to order passed on application under Section 156(3) Cr.P.C. by respondent No.4 on 17.07.2018 after an inordinate and unexplained delay of about three months.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 18.12.2018 AK Pandey