Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2312 of 2019 Petitioner :- Shivdhara And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 23.12.2018 registered as Case Crime No.769 of 2018, under Section 302 IPC, P.S. Behjoi, District Sambhal.
The first information report has been lodged by uncle of the deceased by alleging that the deceased was married to Shivdhara (petitioner no.1) on 20.04.2018. It is alleged that Shivdhara never used to treat the deceased properly and was also having an evil eye on the land of the deceased. It is alleged that, on 14.09.2018, in the night, the accused persons murdered the deceased and escaped in a Swift Car which was seen by several persons in the village. It is stated that the deceased's body was found with a rope around his neck and was lying over a drum which suggests that he was murdered.
It appears that during the course of investigation, the offence of murder was converted to one punishable for abetment of suicide.
From the record it appears that one of the co-accused had applied for bail and his bail prayer was rejected by order dated 09.01.2019 passed by the court concerned.
The learned counsel for the petitioners has submitted that on account of property dispute, the petitioner no.1 along with other family members has been falsely implicated by the informant.
It has not been brought to our notice that any information was given by the petitioner no.1 as regards unnatural death of her husband.
Under the circumstances, looking to the nature of the allegations, without expressing any opinion on the merits of the prosecution case, we do not consider it to be a fit case for interference in writ jurisdiction. The petition is dismissed.
Order Date :- 31.1.2019/AKShukla/-