Kapil Kumar & Anr. vs State Of U.P. Thru. Secretary Home ...
2016 Latest Caselaw 5781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- MISC. BENCH No. - 21839 of 2016
 

 
Petitioner :- Kapil Kumar & Anr.
 
Respondent :- State Of U.P. Thru. Secretary Home Deptt. & 3 Others
 
Counsel for Petitioner :- Satish Kumar Sharma,Manjusha
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Anil Kumar,J.

Hon'ble Anil Kumar Srivastava-II,J.

Heard learned counsel for parties and perused the record.

Learned counsel for petitioners submits that deceased has committed suicide and as she remained under depression.  He further submits that the petitioners are brother-in-law and father-in-law who are living separately.  Cause of death was assigned as hanging.

It is further submitted that petitioners have not committed any offence.  

Learned AGA submits that petitioners are required trial under Section 498A, 304B IPC and 3/4 of Dowry Prohibition Act as the cognizable offence is made out.

We have gone through the FIR and heard the parties' counsel.

Prima facie we are of the view that cognizable offence is made out against the petitioners.

We do not find any good ground to interfere in the matter in question under Article 226 of the Constitution of India.

Accordingly, writ petition lacks merit and is dismissed.

.

(Anil Kumar Srivastava-II, J.)          (Anil Kumar, J.)

Order Date :- 12.9.2016

Ravi/