Shravan Kumar Modanwal And 2 Others vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 10 October, 2025

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Allahabad High Court

Shravan Kumar Modanwal And 2 Others vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 10 October, 2025

Bench: Rajeev Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:62983
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 11838 of 2024   
 
   Shravan Kumar Modanwal And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Arvind Pratap Singh   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Ashish Kumar Tiwari, Ashok Kumar Singh   
 
     
 
 Court No. - 14
 
   
 
 HON'BLE RAJEEV SINGH, J.

1. Heard learned counsel for the applicants, learned counsel for the respondent no.2 and learned A.G.A. for the State.

2. This application has been filed with the following prayer:-

"To quash the impugned charge-sheet dated 17.08.2023 and the summoning order dated 05.01.2024 passed by Chief Judicial Magistrate, Ambedkar Nagar as well as the entire proceeding of Crl. Case No. 268 of 2024 arising out of F.I.R. No. 586 of 2022 u/s 306 I.P.C., Police Station- Akbarpur, District- Ambedkar Nagar."

3. Learned counsel for the applicants submits that the applicants were falsely implicated in the present case. The deceased was real brother of the applicant no.1. The Investigating Officer submitted the charge-sheet in the most mechanical manner. After considering the entire evidence collected by the Investigating Officer, no offense of abetment is made out.

Relying on the judgements of Hon'ble Supreme Court in the cases of Geeta Vs. State of Karnataka reported in Crl. Appeal No. 1044 of 2018, Prabhu Vs. State represented by the Inspector of Police & Anr. reported in SLP (Crl.) Diary No. 39981/2022 and Mariano Anto Bruno and Anr. Vs. Inspector of Police reported in Crl. Appeal No. 1628 of 2022, learned counsel for the applicants submits that once the ingredient of abetment is not found, trial of the case in question u/s 306 I.P.C. is futile one.

It is next submitted that the application for discharge was filed before learned trial Court, but the same was rejected in the most mechanical manner as well as on the basis of presumption. It is, thus, submitted that indulgence of this Court.

4. Learned A.G.A. as well as learned counsel for the respondent no.2 vehemently opposes the prayer of the applicants. They jointly submit that sufficient material was collected by the Investigating Officer against the applicants and the suicide-note was also found in the hand-writing of the deceased, which was sent for F.S.L. for verification, and in the F.S.L. report, it is mentioned that the said suicide-note was written by the deceased.

5. Considering the submissions of learned counsel for the parties and perusing the impugned order as well as other relevant materials, it is evident that the Investigating Officer collected sufficient evidence against the applicants and a suicide-note was also found, which was written by the deceased. Therefore, no case for interference is made out.

6. With the above observations, the present application is dismissed.

(Rajeev Singh,J.) October 10, 2025 Arpan

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