Disposed

Subash and 3 Others v. State of U.P. and 2 Others

Allahabad HC14 Nov 2018CRLP/31802/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking quashing of an FIR alleging offences against a deceased 95-year-old lady. The court refused to quash the FIR but directed no arrest of petitioners until credible evidence is collected during the pending investigation.

What did the court decide?

The petition was disposed of; the FIR was not quashed, but an interim direction was issued that petitioners shall not be arrested till credible evidence is collected during investigation.

Subash and 3 Others Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 31802 of 2018

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Petitioner :- Subash And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munna Tiwari Counsel for Respondent :- G.A.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.10.2018 registered as Case Crime No. 370 of 2018, under Sections 147, 148, 149, 452, 504, 506, 308, 304 I.P.C., P.S. Pataherwa, District Kushi Nagar.

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Learned counsel for the petitioners submitted that although in the impugned F.I.R., it is alleged that the deceased who is 95 years old lady had died as a result of the injuries received by her in the occurrence, her post mortem report, copy whereof has been brought on record as Annexure-S.A. 1 neither discloses any ante mortem injury nor any internal damage. Even the cause of death could not be ascertained. Viscera report of the deceased has been preserved but the viscera report has not been received till date. Moreover apart from the bald allegations made in the impugned F.I.R. lodged by the the respondent no. 3 alleging commission of offences by the petitioners under the aforesaid sections, no evidence is forthcoming, even prima facie indicating that the death of the deceased was either suicidal or homicidal and hence the impugned F.I.R. is liable to be quashed.

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Per contra learned AGA submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners for the reason that from the perusal of the impugned F.I.R. and the allegations made therein it cannot be said that prima facie no cognizable offence is made out against the petitioners.

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After having heard learned counsel for the parties and perused the impugned F.I.R. as well as the other material brought on record, we are not inclined to quash the impugned F.I.R..

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However, considering the submission made by learned counsel for the petitioners that in the present case litigation is still pending and some of the courts have decided the issue in favour of the petitioners, made in the impugned F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.

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With the above direction this petition is finally disposed of.

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Order Date :- 14.11.2018/SA

Subash and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Subash and 3 Others v. State of U.P. and 2 Others

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