Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2282 of 2019 Petitioner :- Vijay Pratap Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.K.Mathur,Dr. C.P. Upadhyay Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.05.2018 registered as Case Crime No.54 of 2018, under Section 302 IPC, P.S. Khetasarai, District Jaunpur.
The first information report has been lodged by the daughter-in- law after discovery of the body of her mother-in-law lying with head crushed. The first information report has been lodged without naming a person.
It appears that during the course of investigation, when an affidavit has been submitted by the informant, the complicity of the petitioner has come to light and therefore the petitioner has approached this Court for quashing of the first information report.
It is well settled legal principle that in a serious matter if it is proved that death has been caused not on account of natural circumstances but by causing injury to the deceased, the investigation has to be carried out and brought to its logical conclusion. The Investigating Officer has to investigate all material that may be placed before him or may come to his knowledge and to successfully accomplish the investigation he may have to take a suspect in police remand therefore, in such matters, any interference with the investigation may be a hurdle in arriving at truth.
Under the circumstances, no case for interference is made out. The petition is dismissed.
Order Date :- 31.1.2019 AKShukla/-