Writ petition for quashing FIR involving theft, coercion, and abetment to suicide. Court granted interim protection against arrest pending cooperation in investigation, citing informant's non-cooperation regarding key evidence.
Interim protection against arrest subject to cooperation in investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 608 of 2024 Petitioner :- Smt. Shivani Patwa And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dheeraj Awasthi Counsel for Respondent :- G.A .
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Instructions produced by the learned A.G.A. is taken on record. Heard
By means of this petition, the petitioner has sought quashing of First Information Report dated 13.12.2023 bearing case Crime No.368 of 2023 under Sections 379, 342, 323, 504, 506, 306 IPC, registered at Police Station- Dalmau District- Raebareli.
Learned A.G.A. has written instruction to inform the Court that the informant was asked to provide the original suicide note as also mobile of the deceased so that evidence could be collected and investigation could proceed but the informant is not cooperating in the matter.
The impugned F.I.R is of 13.12.2023 prior to it the petitioner had lodged F.I.R. against the deceased and his family members on 3.12.2023, thereafter, it is said that on 7.12.2023 the deceased-husband committed suicide, however, in view of the statement of the learned A.G.A. and non co-operation by the informant, it is provided that the petitioners shall not be arrested on the basis of the impugned First Information Report, unless there is sufficient and credible evidence available against them. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.
Let notice be issued to opposite party no.4 Let the pleadings be exchanged within eight weeks. List thereafter.
(Narendra Kumar Johari,J.) (Rajan Roy,J.)
Order Date :- 27.2.2024 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioners are liable to be arrested in FIR registered under Sections 379, 342, 323, 504, 506, 306 IPC?
1 provisions across 1 enactments
Smt. Shivani Patwa And Others
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
