Param Jeet Gulathi vs State Of U.P. And 2 Others
2023 Latest Caselaw 14833 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102459-DB
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3426 of 2023
 

 
Petitioner :- Param Jeet Gulathi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kashi Naresh Mishra
 
Counsel for Respondent :- G.A.,Rahul Kumar Sharma
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The instant writ petition seeks quashing of the FIR dated 11.02.2023 giving rise to Case Crime No. 024 of 2023, under Section 306 IPC, Police Station- Hathras Kotwali, District- Hathras.

The contention of learned counsel for the petitioner is that it is a case of false implication for the purposes of pressurizing the petitioner.

We have admittedly submitted that even alleged suicide note annexed to the compliance affidavit filed by the State does not make out any case of abetment and, therefore, the petitioner is entitled to protection. Counsel for the first informant and learned AGA have opposed the case.

Counsel for the petitioner also placed reliance upon the decision on the judgment of Omprakash Agrawal Vs. State of Madhya Pradesh 2017 LawSuit(MP) 214. We took a view in similar circumstances that criminal proceedings were quashed. Reliance has primarily been placed upon paragraph '6' of this judgment-

"Quashment of proceeding in S.T. No.296/2016 is prayed on the ground that petitioner at no point of time either directly or indirectly has instigated, goaded, provoked, incited or encouraged the deceased to commit suicide. It is further submitted that except for bald allegations made by Bane Singh- the father of the deceased, about harassment, there is no material on record to indicate that the petitioner caused harassment to the deceased with regard to non-refund of loan by Rajendra Singh. It is contended that recovery of alleged suicide-note is very doubtful and that even if the contents of suicide-note are accepted to be correct, prima facie a case for abetment to commit suicide is not made out."

It would be relevant to note that judgment cited arose was in a petition under Section 482 Cr.P.C. This necessarily implies that it was a case wherein a charge-sheet has been filed after investigation. The judgment cited, therefore, is distinguishable because in the case, at hand, challenge is to an FIR, the investigation is still pending and till date no charge-sheet has been filed.

It would not be appropriate for the Writ Court to throw out the prosecution case. At the very threshold, the matter definitely requires investigation.

Even otherwise, the suicide note clearly nominates the petitioner for the suicide. Accordingly, we do not find it a fit case of interference.

The writ petition is, therefore, dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail.

Order Date :- 11.5.2023

Shivani