Hon'ble Rajeev Singh,J.
Counter affidavit filed today is taken on record.
Heard Shri Amrendra Singh, learned counsel for the petitioners, Shri S.P. Singh, learned A.G.A. for the State and perused the material available on record.
The present writ petition has been filed by the petitioners seeking quashing of the First Information Report of Case Crime No.554 of 2020, under Sections 498-A, 304-B, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Kotwali, District Sitapur with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners submits that the petition is filed by the mother-in-law, father-in-law and sister-in-law, the husband of the deceased is already confined in jail in the present case. He further submits that the deceased was having long term illness for which she was given medical treatment and the petitioners also got her medically treated at the District Hospital and at the time of inquest, the family members of the deceased were also present and after two days from the date of incident, the impugned F.I.R. has been lodged.
Learned A.G.A. opposes the the prayer of deceased and submits that the deceased died unnatural death in her matrimonial home within 7 years of her marriage and the F.I.R. discloses the cognizable offence and the cause of death is not known.
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 F.I.R., 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.
After passing of the aforesaid order, the learned counsel for the petitioners states that the matter be dismissed as not pressed.
The prayer stands rejected and the petition is hereby 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.
(Rajeev Singh,J.) (Ramesh Sinha,J.) Order Date :- 18.1.2021 S. Shivhare