High Court heard a writ petition seeking quashing of an FIR under Section 306 IPC. The prima facie existence of a cognizable offence was acknowledged based on a Viscera Report. The court dismissed the petition and vacated any interim order.
Writ petition dismissed; interim order, if any, stands vacated.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 3566 of 2019
Petitioner :- Neetu Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Mohit Singh, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 14.1.2019 registered as Case Crime No. 50 of 2019, under section 306 I.P.C, P.S. Civil Lines, District Moradabad.
Pursuant to previous order dated 11.2.2019, the I.O, along with case diary including Viscera Report indicating the presence of Organo-chlorine insecticide has been found in the body of the deceased.
We are not inclined to interfere at this stage, as prima facie cognizable offence is made out.
The writ petition is accordingly dismissed . Interim order, if any, stands vacated.
Order Date :- 25.2.2019 N.S.Rathour
1 issue framed by the court
Whether the High Court can quash the FIR under Section 306 IPC filed for instigation of suicide without interference at this stage.
1 provisions across 1 enactments
Neetu Verma
State Of U.P.
2 Others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
