Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37282 of 2018 Petitioner :- Sambhu Dayal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijayendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri V.P. Singh for the petitioners and AGA for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 9.8.2017, registered as Case Crime No.0681 of 2017, under Section 302, IPC. PS. Narkhi, district Firozabad.
In the F.I.R., in substance the allegation has been made that deceased Shilendra Kumar Sharma was having agricultural land at village Gari Hansraj and used to deposit his agricultural income with Shambhu Dayal and his wife Smt. Annu Devi, who were residing at Agra. When the husband of the informant made inquiry in respect of his money deposited with the petitioners then they were annoyed. On 25.3.2017 the deceased was called by the the petitioners on telephone for which he went from Firozabad at 8-00 A.M. When the deceased did not return on 28.3.2017 the informant also went to Agra and found that the deceased was not well. On inquiry from the deceased he told that he was given something in food due to which his condition had been deteriorated. On 29.3.2017 the accused assured the informant that they would get treatment to the deceased and on recuperation he would be sent back to home on which she came to Firozabad. Later on she came to know that her husband had died. She made allegation that her husband was given poison by the accused persons. F.I.R. thus discloses cognizable offence and is not liable to be quashed at this stage.
The counsel for the petitioners, however, submits that the deceased was given any poisonous substance at Firozabad by the first informant or her family members and when his condition was deteriorated then he voluntarily came to Agra and during treatment he died on 29.3.2017. His inquest was conducted on the information of Shambhu Dayal (pertitioner-1) on 30.3.2017. Shambhu Dayal also tried to lodge F.I.R. but cause of death could not be ascertained in post mortem report and viscera was preserved, therefore, F.I.R. of the petitioners was not registered. Now on false allegation the F.I.R. has been lodged against the petitioners by way of an order passed under Section 156(3) Cr.P.C. The petitioners are being falsely implicated in the F.I.R. There was no reason for the petitioners to give poison to his brother although the petitioners were residing separately at Agra. Shambhu Dayal(petitioner-1) is in military service.
So far as the allegation of the petitioners is concerned, it is only the defence of the petitioners and in writ jurisdiction this Court cannot quash the F.I.R. examining the defence version of petitioners.
The writ petition has no merit and it is dismissed.
Order Date :- 19.12.2018 mt