Vishnu Yadav v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16277 of 2023 Petitioner :- Vishnu Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Singh Counsel for Respondent :- G.A.,Devendra Kumar Shukla Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Vivek Kumar Singh, learned counsel for the petitioner, Sri Devendra Kumar Shukla, learned counsel for the informant and Sri G.P. Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 26.12.2020, registered as Case Crime No. 363 of 2020, under Sections 304 IPC, Police Station Mariyahu, District Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that initially an FIR was lodged under Section 302 IPC however, by drawing attention towards page 57 of the paper book, the same was converted into Section 304 IPC. It is submitted that the investigation up till now reflects that the petitioner is not involved and the deceased has died his own death due to fever and therefore, the present FIR has been lodged with malafide intention after five months on concocted facts.

¶4Per contra, learned counsel for the informant has opposed the prayer for quashing of the FIR, which discloses cognizable offence.

¶5We find that in the background as discussed above, it is clear that unnatural death has taken place and investigation report towards investigation in respect of offence under Section 304 IPC is yet to be submitted.

¶6Thus, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7The present present is dismissed. Order Date :- 2.11.2023 Ujjawal High Court of Judicature at Allahabad