Allahabad High Court
Sushil Kumar Mishra And 3 Others vs State Of U.P. And 2 Others on 6 February, 2018
Author: Ramesh Sinha
Bench: Ramesh Sinha, Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2914 of 2018 Petitioner :- Sushil Kumar Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Jagadish Prasad Yadav, learned counsel for the petitioners, Sri Vikash Sahai, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 06.01.2018, registered as case crime no. 05 of 2018, under sections 498-A, 304-B, IPC, and 3/4 Dowry Prohibition Act, police station Holagarh, District Allahabad.
Learned counsel for the petitioners submitted that the petitioners are the husband and in laws of the deceased and the deceased died on account of an accidental death held on 16.11.2017 and subsequently she died on 03.12.2017 and her dying declaration was recorded in the S.R.N. Hospital on 16.11.2017 at12.45 P.M. by the Magistrate in the presence of the doctor, who had also given a certificate that he was in a fit state of mind to give the said statement. The FIR was lodged after one month and 20 days of the incident, for which no explanation has been given by the prosecution.
Learned AGA shall inform this Court about the veracity of the dying declaration, a copy of which is annexed as annexure no.2 to the petition, which was of the deceased Manisha Tiwari.
List the matter on 12.02.2018, on which date the Senior Superintendent of Police, Allahabad shall file his personal affidavit.
Till the next date of listing, no coercive action shall be taken against the petitioners in the aforesaid case.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 06.2.2018 VKG Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2914 of 2018 Petitioner :- Sushil Kumar Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Order on Exemption Application No. 1A/1 of 2018 Heard Sri Jagadish Prasad Yadav, learned counsel for the petitioners, Sri Vikash Sahai, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to exempt the applicants/petitioners from filing the certified copy of the first information report dated 06.01.2018, registered as case crime no. 05 of 2018, under sections 498-A, 304-B, IPC, and 3/4 Dowry Prohibition Act, police station Holagarh, District Allahabad.
Accordingly, the exemption application is allowed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 06.2.2018 VKG