Allahabad High Court
Balram Singh vs State Of U.P. Thru. Prin. Secy. ... on 9 October, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:65097-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 7261 of 2023
Petitioner :- Balram Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Counsel for Petitioner :- Vimlesh Kumar Kashyap
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.
Earlier this Court had passed an order dated 22.9.2023 which is quoted hereinbelow:
"Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record.
This writ petition has been filed by the petitioner with the following main prayer :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding to the Opposite Party Nos.2 and 3 Superintendent of Police, Sitapur/The Station House Officer of Police Station -Kamlapur, District- Sitapur to register a First Information Report against the Opposite Party Nos. 4 to 8 contained as Annexure No.1 in the interest of justice."
It has been submitted by learned counsel for the petitioner that petitioner's daughter was married to the private respondent No.4 on 09.02.2019. Because of additional demand for dowry and greed, his daughter was beaten to such an extent that she died during course of treatment. She tried to lodged the F.I.R. in the police station concerned but the same has not been registered. A copy of the information given by the petitioner to the Superintendent of Police, Sitapur and S.H.O., Police Station Kamlapur, have been annexed as Annexure No.1 to the writ petition.
Learned A.G.A. shall seek instructions from the opposite party No.3 as to what steps have been taken by the opposite party No.3 in pursuance of the information given by the petitioner and what prevents the S.H.O. from registering the F.I.R.
List this matter on 9th October, 2023, as fresh."
Learned AGA has produced before this Court a copy of the written instructions dated 30.9.2023 sent by Station House Officer, P.S. Kamlapur, District Sitapur wherein it has been stated that after the petitioner had sent an application to P.S. Kamlapur, District, Sitapur, it was enquried into and during the course of the enquiry, it was found that the petitioner's daughter Monika Singh got married to Om Singh S/o Kapil Singh resident of Hasnapur, P.S. Manpur, District Sitapur on 20.9.2019. Out of the wedlock one son was born. Later on Monika Singh developed tuberculosis. She was being taken care of by her in-laws and she was also treated in a hospital, however, the petitioner went to her matrimonial home on 4.8.2023 and brought his daughter, Monika Singh to his house.There he did not get any treatment done of his daughter. His daughter died on 29.8.2023 because of tuberculosis in her parents house i.e. in the house of the petitioner and not because she was beaten up by her in-laws in her matrimonial home. Moreover, the deceased had herself moved an application under Section 156(3) Cr.P.C. but later on she gave an application saying that she did not wish to press this application under Section 156(3) Cr.P.C. The application made by the deceased under Section 156(3) Cr.P.C. has been treated as Misc. Case No. 37716 of 2023 and the court has fixed the next date of hearing as 8.11.2023.
This Court has perused the papers of treatment of the deceased-daughter of the petitioner, copies of which have been annexed as Annexure-7 to the petition, it appears that enquiry that has been carried out by the police has some substance in it, therefore, this Court finds no good ground to show interference in the impugned FIR. However, in case, the petitioner has any grievance left, he may approach the court concerned in the light of the judgment of the Supreme Court rendered in the case of Sakiri Vasu vs. State of U.P. and others, reported in (2008) 2 SCC 469.
In view of the aforesaid, writ petition is dismissed.
Order Date :- 9.10.2023
AKK
