Single judge order fixing time for counter affidavit and granting interim protection from arrest to petitioners before filing of police report, while monarching quashing of FIR in suicide case.
Order granting protection from arrest to petitioners till submission of police report under Section 173(2) Cr.P.C.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5600 of 2019 Petitioner :- Shashi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri C.P. Pandey, learned counsel for the petitioners and learned AGA for the State of U.P.
The writ petition has been filed for quashing the FIR dated 19.11.2018 registered as Case Crime No. 551 of 2018, under Section 306 IPC, PS- Bebar, District-Mainpuri.
In the FIR, in substance the allegation has been made that son of the informant namely, Rahul was married to Chandni in February, 2017. The behaviour of Chandni was not good towards Rahul and she was not satisfied with her husband. Therefore, she used to torture and insult him. On 22.9.2018 Rahul went to take Chandni from her father's house Harkampur where Chandni, her mother Shashi and her father Rajveer Singh have assaulted Rahul due to which Rahul committed suicide on 23.9.2018. After cremation of deceased Rahul, a suicide note was recovered from the pant of Rahul on 31.10.2018. Then the FIR has been lodged.
The learned counsel for the petitioners submits that the FIR has been lodged on false allegation for the reason that after the death of Rahul, the informant does not want to give either maintenance or share in the property to the wife of Rahul. In order to deprive her from the property as well as the maintenance, the present FIR has been lodged on false allegation. Wife Smt. Chandni has been given protection in Criminal Writ Petition No. 4080 of 2019.
This writ petition is connected with Criminal Writ Petition No. 4080 of 2019.
Learned AGA is granted one month time for filing counter affidavit.
The petitioners shall not be arrested in Case Crime No.551 of 2018, under Section 306 IPC, PS- Bebar, District- Mainpuri till the submission of police report under Section 173(2) Cr.P.C.
The case is released from the order of assignment.
Order Date :- 28.2.2019/Ashutosh Pandey
2 issues framed by the court
Whether to quash the FIR registered under Section 306 IPC regarding the suicide of Rahul.
Whether to grant interim protection from arrest to the petitioners before the filing of police report.
Shashi And 2 Others
State Of U.P. And 2 Others
Ram Surat Ram Maurya
Anil Kumar IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
