Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16639 of 2019 Petitioner :- Sunil And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Bahadur Shivhare Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri V.B. Shivhare, learned counsel for the petitioners, Sri S.S. Sachan, 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 with the prayer to quash the F.I.R. dated 17.5.2019, registered as Case Crime No.536 of 2019, u/s 328, 302, 34 IPC, P.S. Kotwali Orai, district Jalaun.
Learned counsel for the petitioners submits that the deceased was the real brother of brother- in-law of petitioner no.1 who fell in love with the daughter of petitioner no.2. He died in mysterious circumstances. In the post-mortem report cause of death could not be ascertained and viscera was preserved. As per post-mortem report, it is a case of suspected poisoning. The dead-body of the deceased was found in the deserted area. The present FIR has been lodged against the petitioners on account of suspicion only.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Gaurav