Allahabad High Court
Harmangal Singh Alias Manga Singh ... vs State Of U.P. Thru. Secy. Home And ... on 24 July, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:48224-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 5650 of 2023
Petitioner :- Harmangal Singh Alias Manga Singh And Another
Respondent :- State Of U.P. Thru. Secy. Home And Others
Counsel for Petitioner :- Sanjay Singh Chauhan
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
1. Heard learned counsel for the petitioner, learned AGA and Sri Rizwanul Haque Ansari who has filed his Vakaltnama on behalf of contesting respondent.
2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the impugned FIR No. 92 of 2023 under Sections 498A, 304B IPC and 3/4 of D.P. Act, P.S. Bheera, District Lakhimpur Kheri and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.
3. It has been submitted by the learned counsel for the petitioners that the son of the petitioners was married with the daughter of the informant about two years ago. The daughter of the informant died by consuming poison on 4.3.2023. On 5.3.2023 the postmortem of the deceased was conducted in which the cause of death could not be ascertained, hence, Viscera was preserved on 5.3.2023 itself, a false FIR has been lodged against the petitioners and their son. The petitioners have been living separately from their son and daughter-in-law as it is evident from a copy of the Pariwar Register which has been filed as Annexure-4 to the petition.
4. Further, learned counsel for the petitioners has placed reliance upon the judgment rendered by the Hon'ble Apex Court in the case of Geeta Mehrotra and another Vs. State of U.P. and another (2012) 10 SCC 741 wherein the Supreme Court observed that though the contents of the complaint made out a prima facie case against the husband of respondent no. 2 and some other family members, but no such case was made out against the appellant-accused as the appellant-accused were sister and brother of the husband and they were living separately.
5. It has been observed by Hon'ble Apex Court that the respondent no. 2, wife had obtained an ex parte divorce decree against her husband and casual reference to a large number of members of the husband's family without any allegation of active involvement would not justify taking cognizance against them and subjecting them to trial.
6. Learned AGA has pointed out that the deceased and her husband lived in the same village as the petitioners, they may have had two houses in the same village but since the deceased was married only two years ago and died under suspicious circumstances and the postmortem report shows antemortem injuries on her person, it is a matter of trial and evidence to be considered by the competent court to find out the culpability of the petitioners and others.
7. This Court has gone through the FIR and also the judgment of the Hon'ble Apex Court rendered in the case of Geeta Mehrotra (supra) and finds that the said case is clearly distinguishable.
8. Accordingly, the writ petition is dismissed as this Court finds no good ground to show interference as prayed for by the learned counsel for the petitioners.
Order Date :- 24.7.2023
AKK
