Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25906 of 2019 Petitioner :- Vaibhav Mishra And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; Sri Sudhanshu Kumar Gour Hari for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 10th December, 2019 registered as Case Crime No.0843 of 2019, under Section 306 IPC at Police Station Sadar Bazar, District Shahjahanpur.
The allegations in the impugned first information report is to the effect that the informant received a phone call from his sister (deceased). She sounded petrified and had complained to the informant that anything can happen to her. The deceased soon thereafter died. The post mortem report of the deceased reveals that she died on account of asphyxia as a result of anti-mortem hanging. The first information report has been lodged by alleging that the deceased was being tortured by her husband and her in- laws.
The contention of learned counsel for the petitioners is that the deceased was married to the petitioner no.1 in the year 2011 and therefore no presumption would be available to the prosecution against the accused and other than ligature mark around the neck, no other injury has been found on the body of the deceased hence the petitioners are entitled to protection.
Once it is alleged that the deceased was being harassed and that she died an unnatural death and that too in the house of the petitioners, the matter would have to be investigated therefore the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019. Rks.