Allahabad High Court
Archana Singh And Others vs State Of U.P. Thru. Secy. Home ... on 26 November, 2018
Bench: Ajai Lamba, Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 18750 of 2018
Petitioner :- Archana Singh And Others
Respondent :- State Of U.P. Thru. Secy. Home Govt. Of U.P. And Others
Counsel for Petitioner :- Naved Mumtaz Ali,Vikas Vikram Singh
Counsel for Respondent :- Govt. Advocate
Hon'ble Ajai Lamba,J.
Hon'ble Karunesh Singh Pawar,J.
1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No. 0164 of 2018, under Sections 147, 302, 323, 504, 506 Indian penal Code, Police Station Kaiserganj, District Bahraich.
2. Order dated 23.07.2018 notices the gist of the issue raised by the petitioners. The order reads as under:-
"1.The petition seeks issuance of a writ in the nature of certiorari quashing F.I.R.No.164 of 2018, under Sections 147, 302, 323, 504, 506 I.P.C., Police Station Kaiserganj, District Bahraich.
2. We have heard learned counsel for the petitioners and Ms. Nand Prabha Shukla, learned counsel for the respondent State.
3. We have gone through the contents of the impugned F.I.R.
4.Gist of the allegation in the impugned F.I.R. is that on 11.7.2017, at about 1.00 p.m., when the complainant came back to home, he was informed that the deceased had died on account of natural death. The complainant believed the said statement and cremated sister of the complainant. Learned counsel has drawn attention of the court towards Pariwar Register in which Radhika Singh has been shown dead on 11.10.2016.
5. Learned counsel has also drawn attention of the court towards revenue entry, Annexure No.7 which shows that on 22.11.2016, the land had been transferred as a consequence of the death of Radhika Singh. The land has been mutated in favour of Kiran Singh, daughter of the deceased. It has been argued that Radhika Singh died a natural death. The complainant is being prosecuted in two cases at the instance of the petitioners. So as to mount pressure on the petitioners, impugned crime has been reported without any basis, in abuse of process of the law and process of the court.
6. List on 10.9.2018.
7. We hereby call upon Superintendent of Police, Bahraich, respondent no.2 to conduct investigation as regards date of death of Radhika Singh. The said officer shall also file his affidavit in context of documents Annexure Nos.6 and 7 mentioned above which show that Radhika Singh died in the year 2016 whereas the alleged incident has been shown of July, 2017.
8. We have taken notice of the fact that although notice was issued vide order dated 28.6.2018, however, till date counter affidavit has not been filed on behalf of respondent State.
9.Issue notice to serve respondent no.4 returnable on 10.9.2018.
10. Considering the peculiar facts and circumstances of the case, and particularly documents Annexure Nos.6 and 7, to which a detailed reference has been made above, we hereby direct that the petitioners be not taken in custody till the next date of listing. Petitioners are directed to join investigation.
11. Let copy of this order be conveyed to Superintendent of Police, Bahraich as also Inspector General, Zone Lucknow who shall ensure compliance.
Let copy of this order be sent through Senior Registrar of this Court as also by Ms. Nand Prabha Shukla, learned counsel for the respondent State, for compliance. "
3. Short counter affidavit of Shri Sabha Raj, posted as Superintendent of Police, Bahraich has been filed in the Court, which is taken on record. In the affidavit it has been stated that the investigation has been concluded. During the course of investigation, the statement of relevant witnessess were recorded and it has been found that in fact the deceased died on 11.10.2016. Relevant documents in that regard have been assessed. In such circumstances, it has been found that the prosecution story alleging murder of that person in July 2017 is false. Consequently, final report has been prepared.
4. From the above, it is evident that cause of action does not survive.
5. Petition is disposed of as infructuous.
Order Date :- 26.11.2018
R.C..
