Anand Shukla vs The State Of U.P Thru Secy., Home., ...
2012 Latest Caselaw 2071 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1755 of 2012
 

 
Petitioner :- Anand Shukla
 
Respondent :- The State Of U.P Thru Secy., Home., Lucknow And Anr.
 
Petitioner Counsel :- R.C Gupta,Suyash Gupta
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that in the dying declaration, the deceased has clearly established the factum of suicidal death while giving relevant details.  The deceased did not give any other dying declaration in writing.  In such circumstances, oral statement of the father of the deceased/complainant indicating murder, would not be relevant or sufficient piece of evidence to call for framing of additional charge under Section 302 I.P.C.

Issue notice, returnable on 30.7.2012.

There is no reason to stay proceedings.  However, because in the same incident in regard to death of Shalini Shukla, petitioner has been allowed bail, if an application for bail under Section 302 I.P.C. is filed, the same shall be considered taking into account the totality of the facts and circumstances of the case.

List on 30.7.2012.

Order Date :- 22.5.2012

A.Nigam