Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23100 of 2018 Petitioner :- Shiv Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Chand,Bhole Ram Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner and with further prayer for quashing the impugned FIR dated 04.06.2018 registered as Case Crime No.0326 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Rohaniya, District Varanasi.
It is submitted by learned counsel for the petitioner that the petitioner is unmarried sister in law of the deceased studying in B.A.-II in Government Degree College, Jakhani, District Varanasi. It is further submitted that the deceased died due to accidental electrocution and the impugned FIR has been lodged by respondent no.3 roping in entire family of his daughter including her husband, father-in-law, mother-in-law who are in jail. It is next submitted that the role of the petitioner is clearly distinguishable from that of other co-accused and apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating her complicity in the commission of the alleged crime and the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perused the impugned FIR, 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 petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to her extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 Anand Sri./-