Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6997 of 2021 Petitioner :- Sudha Verma And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jayant Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 30.07.2021 registered as Case Crime No. 0235 of 2021 under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Asmouli, District Sambhal and with a further prayer to stay their arrest during pendency of investigation of the said case.
The specific case in the F.I.R. is that the victim was harassed and subjected to torture for dowry. On 30.07.2021 at 7:00 O'clock all the accused together set the victim on fire by sprinkling oil on her. She succumbed to injuries.
Counsel for the petitioners submitted that all the family members have been wrongly roped in. He further submitted that Sudha Verma-petitioner no. 1 is married sister-in-law of the victim but she has also been implicated.
We find specific allegation against her as well in relation to burning of the victim. It is matter of investigation as to whether she was present at her matrimonial house or not and whether she had indulged in act of burning the victim, along with other co-accused or not. The said question cannot be decided in writ jurisdiction. The petition lacks merit and is dismissed.
(Mohammad Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 Shiraz