Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16114 of 2019 Petitioner :- Sanjay Pahadiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Srivastava,Mrityunjay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Manoj Srivastava, learned counsel for the petitioners, Ms Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 27.5.2019 registered as case crime no. 245 of 2019, under section 306 I.P.C., police station Mauranipur, District Jhansi.
It is contended by learned counsel for the petitioners that the deceased had taken huge amount as loan from the petitioner and to escape liability, he committed suicide and cause of death of the deceased is reported as asphyxia due to anti-mortem hanging and there is no other injury visible on the person of the deceased. It is further submitted that the suicide note, which is alleged to have been written by the deceased is highly suspected as it is not yet certain as to whether the said suicide note was written by the deceased or have been planted to falsely implicate the petitioner and it is a matter of investigation. Learned counsel for the petitioners has further contended that the petitioners have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh