Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15578 of 2020 Petitioner :- Sitaram And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Raj Kumar, learned counsel for the petitioners, Sri A.K.Sand, learned A.G.A. for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Sitaram and Shila seeking quashing of the First Information Report of Case Crime No.709 of 2019, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Kotwali Karvi, District Chitrakoot with a further prayer to stay of their arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners argued that the petitioners are the father-in-law and mother-in-law of the deceased respectively as the marriage between the deceased and son of the petitioners, namely, Yogendra Kumar was solemnized in the year 2017 and they have been falsely implicated in the present case. He further argued that as per the post mortem report of the deceased, the cause of death is asphyxia as a result of ante-mortem hanging. As per the impugned F.I.R, the date of incident appears to be disputed by the petitioners. The charge sheet has been submitted against the husband of the deceased, namely, Yogendra Kumar, who is already confined in jail. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that moreover it has been opined by the doctor who conducted the post mortem of the deceased that the cause of death is asphyxia as a result of ante-mortem hanging and hyoid bone was found to be fractured, the deceased was having pregnancy of five months and it appears to be a case of strangulation and further argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
Accordingly, this writ petition fails and is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021/NS