Ramveer Singh And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 3081 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5641 of 2022
 

 
Petitioner :- Ramveer Singh And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- R.K. Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Prima facie allegations with regard to commissioning of cognizable offence is clearly disclosed inasmuch as lady has died within seven years of marriage and, therefore, statutory presumption under Section 304B I.P.C. and Section 113B of Evidence Act is against the petitioners. Enquiry into facts would not be warranted in writ proceedings particularly when the investigation is yet to conclude. So far as the judgment of Supreme Court in Mirza Iqbal @ Golu and Another Vs. State of U.P. and Another is concerned the matter was examined by the Supreme Court after the investigation had concluded and a charge sheet was filed, which is not the stage in the present case. In such circumstances the petitioners cannot avail such liberty.

The writ petition is, accordingly, dismissed.

Order Date :- 16.5.2022

Md Faisal