This criminal miscellaneous writ petition sought quashing of an FIR alleging murder. The court held that once a serious crime is disclosed in the FIR, the matter must be investigated. Consequently, the petition for quashing was dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10565 of 2019
Petitioner :- Sheshmani Bharati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raja Sahani,Pulak Ganguly Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 28.03.2019 registered as Case Crime No. 0091 of 2019, under Sections 302, 201 IPC, P.S. Rudrapur, District Deoria.
The allegation in the impugned first information report is that the brother of the informant was threatened on 27.03.2019 by the accused persons in connection with his affair with daughter of one of the accused and on the next day the body of the brother of the informant was found near a tubewell. It is alleged that the accused persons have murdered the brother of the informant.
Learned counsel for the petitioner has submitted that the FIR has been lodged on suspicion without there being any cogent material or evidence.
Once a serious crime is disclosed by the first information report, the matter would have to be investigated and therefore no case for interference is made out.
The petition is dismissed .
Order Date :- 23.4.2019 Sunil Kr Tiwari
2 issues framed by the court
Whether the High Court can quash the First Information Report lodged under sections 302 and 201 IPC on suspicion without cogent material.
Whether the existence of allegations of murder mandates investigation irrespective of the petitioner's submission regarding lack of evidence.
Sheshmani Bharati
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
