Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20083 of 2018 Petitioner :- Shobhit Kumar Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar Verma, learned counsel for the petitioner, Sri N.K. Verma, 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 petitioner with a prayer to quash the F.I.R. dated 19.3.2018 registered as case crime no.0239 of 2018 under sections 302 I.P.C., police station Lanka, District Varanasi.
Learned counsel for the petitioner submits that the petitioner is husband of the deceased. The marriage between the petitioner and the deceased was solemnized 22 years ago. They have three grown up children as on date. The deceased was suffering from serious ailment and she died due to septicemia and pus in both lungs. The family members of the deceased were also present during the inquest of the deceased conducted. No anti-mortem injury was found on the person of the deceased. The petitioner has informed the police.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 AU