Kamal Kumar and Another v. State of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7794 of 2023 Petitioner :- Kamal Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow And Others Counsel for Petitioner :- Vimal Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioners as well as learned A.G.A. for the State-respondents.

¶2This petition has been filed with the following main prayer:- "A. issue a writ, order or direction in the nature of certiorari thereby quashing the impugned F.I.R. No.0448/2023, Under Sections-304-A I.P.C. at Police Station-Phardhan, District-Kheri, in the interest of justice. B. issue a writ, order or direction in the nature of mandamus directing the opposite party no.3 not to arrest the petitioners in pursuance of the impugned F.I.R. No.0448/2023, Under Sections-304-A I.P.C., in the interest of justice."

¶3Learned counsel for the petitioners submits that petitioners have been falsely implicated in the impugned F.I.R.

¶4This Court has perused the F.I.R. and also the instructions given by Shyam Narayan, Sub-Inspector, Police Station, Phardhan, Khiri wherein it has been stated that after investigation and perusal of inquest report and post mortem report, it has come out that the deceased has died due to ante mortem electric burn injury and Section 304-A IPC has been converted into Section 304 IPC and such a report has been entered at Serial No.30 of the general diary dated 27.09.2023.

¶5This Court finds no good ground to show interference therefore, the petition is dismissed.

¶6Instructions are kept on record. Order Date :- 12.10.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench