Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34135 of 2018 Petitioner :- Shiv Narayan And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh,Ashok Kumar Mishra 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 a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 30.09.2018 registered as Case Crime No. 100 of 2018, u/s 306 I.P.C., P.S.- Suhwal, District- Ghazipur.
It is submitted by learned counsel for the petitioners that there is no recital in the impugned F.I.R. that the petitioners had either instigated or abetted the deceased to commit suicide. Hence, offence under Section 306 I.P.C. is not made out against the petitioners.
In reply learned A.G.A. submitted that the deceased has left behind a suicide note which has not been brought on record. He next submitted that he may produce the suicide note of the deceased on the next date of listing of the case.
List this case on 05.12.2018.
Till date no coercive action shall be taken against the petitioners pursuant to impugned F.I.R. dated 30.09.2018 registered as Case Crime No. 100 of 2018, u/s 306 I.P.C., P.S.- Suhwal, District- Ghazipur.
Order Date :- 27.11.2018 Abhishek