Rafeeq and Others v. State of U.P., Thru. Prin. Secy. Home, Lko. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 2319 of 2024

Applicant :- Rafeeq And Others Opposite Party :- State Of U.P., Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Anurag Singh, learned counsel for the petitioners and Sri Nirmal Kumar Pandey, learned Additional Government Advocate for the State.

2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

3. Office to proceed accordingly.

4. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed for setting aside the impugned order dated 19.11.2022 passed in Complaint Case No.11 of 2022 (Zamila vs. Rafeeq & others), under Section 304 I.P.C. Police Station-Tambour, District-Sitapur passed by the learned Chief Judicial Magistrate, Sitapur, in the interest of justice.

5. Attention has been drawn towards Annexure No.4 of the petition, which is an application dated 06.04.2021 of the petitioner No.4 to the Station House Officer, Police StationTambhour, District-Sitapur apprising that her husband, Chand Babu, met with an accident when he was returning to his home and he sustained serious injuries, then he was referred to the District Hospital, Sitapur. Thereafter, he has been referred to Lucknow Trauma Centre but during treatment he died on 22.02.2021. Pursuant to the aforesaid information, the F.I.R. was lodged on 19.04.2021 bearing Case Crime No.0119 of 2021, under Sections 279 & 304-A I.P.C., Police StationTambour, District-Sitapur. Thereafter, one Dr. Amar Nath Singh, Medical Officer, CHC Mahmoodabad, Sitapur conducted the post-mortem of her husband on 23.02.2021. After the aforesaid exercise having been carried out / completed the mother of the deceased has filed an application under Section 156 (3) Cr.P.C. on 16.06.2021 levelling false and misconceived allegations against the petitioner No.4 and her family members. As a matter of fact, the allegations of the application under Section 156 (3) Cr.P.C. are an after thought. On such application, the learned court concerned summoned the