Anuradha And 2 Others vs State Of U.P. And 3 Others
2022 Latest Caselaw 693 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2373 of 2022
 

 
Petitioner :- Anuradha And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jitendra Prasad Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

This petition has been filed with a prayer to quash the First Information Report in Case Crime No.228 of 2021, under Section- 306 I.P.C., Police Station- Kotwali Dehat, District- Banda on the ground that necessary ingredients to attract an offence under Section 306 I.P.C. are not made out and for such purposes learned counsel for the petitioners places reliance upon judgment of the Supreme Court in S.S. Chheena Vs. Vijay Kumar Mahajan & Another; 2010 6 Supreme 548 and also a judgment of the Delhi High Court in Roop Kishore Madanz Vs. State of Delhi; 2000 Supreme (Del) 1079.

At the outset we may note that judgment relied upon by the learned counsel in the case of Roop Kishore Madanz (supra) delivered in the Criminal Appeal No.4184 of 2000 is arising out of exercise of power under Section 482 Cr.P.C. when the investigation itself had concluded. Similarly in the case of S.S. Chheena (supra) the judgment of the Court was delivered at the stage of framing of charge. However in the present case challenge to the First Information Report has been laid at the stage of filing of the F.I.R. itself.

We are also informed by learned A.G.A. that a charge sheet has also been filed on 05.02.2022 against petitioners no.1 and 3 which are also not under challenge.

In the facts of the case it transpires that there are specific allegations in the First Information Report that on account of threat of false implication of the deceased in SC/ST Act and consequential demand of money for it, he was compelled to commit suicide. A suicide note has also been recovered. Prima face, allegations with regard to commissioning of offence under Section 306 I.P.C. is clearly disclosed. All the defence of the petitioners or the relevance of suicide note etc. would be an aspect open for investigation at appropriate stages i.e. investigation / trial. At this stage, since prima facie allegations clearly surfaced in the F.I.R. therefore we decline the request to quash the F.I.R. in view of law laid down by the Hon'ble Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315.

The writ petition is, accordingly, dismissed.

Order Date :- 7.4.2022

Haseen U.