Km. Mansi Devi (In Fir Nainci) and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8152 of 2023 Petitioner :- Km. Mansi Devi (In Fir Nainci) And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Faisal Ahmad Khan,Mohd. Qasim Khan Counsel for Respondent :- G.A.,Sandeep Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

(1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3. Shri Sandeep Singh, Advocate, who has filed a Caveat on behalf of the private-Respondent no.4.

(2) This petition has been filed by the petitioners for the following main prayer:- "1) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 24.09.2023 registered at F.I.R. No.0587 of 2023, under Sections 498-A, 304-B I.P.C., and Section 3 & 4 of the Dowry Prohibition Act, 1961, lodged at Police Station Nanpara, District Bahraich, as contained in Annexure No.1 to this writ petition."

(3) It has been submitted by the learned counsel for the petitioners that both the petitioners are unmarried Sisters-in-law who were living with the husband of the deceased in the matrimonial home. The deceased has committed suicide. The husband, Father-in-law and Mother-in-law are in jail. The unmarried Sister-in-law and Brother-in-law have come before this Court by filing the present writ petition.

(4) The counsel for the private respondent has placed before this Court a copy of the Post Mortem Report which shows three Ante-Mortem injuries on the body of the deceased and strangulation before death. The body of the deceased had been found hanging from a Fan.

(5) This Court has perused the F.I.R. and finds that a cognizable offence is made out, hence, no interference is required in the matter.

(6) The writ petition stands dismissed. Order Date :- 19.10.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench