Ahsan v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17800 of 2023 Petitioner :- Ahsan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Manish Kumar Nigam,J.

¶1Heard Shri Zafeer Ahmad, learned counsel for the petitioner and Shri 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 25.10.2023, registered as Case Crime No. 244 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Azeem Nagar, District Rampur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that the petitioner is the elder brother of the husband of the deceased and living separately and he has been falsely implicated in the present case. It is further submitted that the petitioner is innocent and has no previous criminal history and there is no evidence whatsoever against the petitioner.

¶4Per contra, learned AGA opposed the petition and submits that from bare glance over the first information report would clearly disclose that the deceased had died within two years of marriage under unnatural circumstances in the matrimonial house, therefore, prima facie, a cognizable offence is made out.

¶5We find substance in the argument of learned AGA. Perusal of the impugned first information report, prima facie reveals commission of cognizable offence. Therefore, 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.

¶6The writ petition is devoid of merit and is accordingly dismissed Order Date :- 16.11.2023 Nitendra High Court of Judicature at Allahabad