In Criminal Appeal No. 5963 of 2024, this court directed the appellant's Special House Officer to file an affidavit explaining the delay between the deceased's death and the FIR, noting the charges omitted Section 302 IPC.
Order to file an affidavit by S.H.O. explaining why FIR was not lodged under Section 302 IPC and adjourned to 20.12.2024.
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Court No. - 83
Case :- CRIMINAL APPEAL No. - 5963 of 2024
Appellant :- Raju Thakur Respondent :- State of U.P. and Another Counsel for Appellant :- Ghanshyam Das Mishra Counsel for Respondent :- G.A.,Kartikey Singh
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
As per the Post Mortem Report, the deceased died on 01.01.2024 at 2:30 pm but the FIR lodged on the same date at 18:37 pm, was under Sections 452, 504, 323 and 325 IPC.
Let an affidavit be filed by the S.H.O. concerned explaining as to why the said FIR was not lodged under Section 302 IPC.
List this case on 20.12.2024 as fresh alongwith the affidavit of S.H.O. concerned.
Order Date :- 5.12.2024 Monika
Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the delay between the time of death and lodging of the FIR under charging sections other than 302 IPC requires an explanation from the S.H.O.
Raju Thakur
State of U.P.
Another
Nand Prabha Shukla
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
