Allahabad High Court
Dr. Priya Ranjan Anshu Diwakar vs State Of U.P. And 3 Others on 9 October, 2023
Bench: Anjani Kumar Mishra, Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:193442-DB [RESERVED] Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15363 of 2023 Petitioner :- Dr. Priya Ranjan Anshu Diwakar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Tripathi,Raghuvansh Misra,Sr. Advocate Counsel for Respondent :- G.A.,Aishwarya Pratap Singh Hon'ble Anjani Kumar Mishra,J.
Hon'ble Vivek Kumar Singh,J.
1.Heard Shri Vinay Saran, learned Senior Advocate, assisted by Shri Raghuvansh Mishra, learned counsel for the petitioner, Shri Aishwarya Pratap Singh, learned counsel for the respondent No. 4, Shri P.C. Srivastava, learned Additional Advocate Generial assisted by Shri J.K. Upadhaya and Shri Pankaj Saxena, learned AGA-I for the State respondents.
2.The matter had been heard on 27.09.2023 when after the judgment had been reserved. However counsel for the petitioner had been granted time to file written arguments also.
3.On 04.10.2023, a mention was made by Shri Vinay Saran, Senior Advocate that he does not propose to file written arguments.
4.The instant writ petition seeks quashing of the FIR dated 10.09.2023 giving rise to Case Crime No.756 of 2023, under Section 306, 506, 420, 120B I.P.C., Police Station- Chakeri, District- Poorvi Commissionerate Kanpur Nagar.
5.The first information report alleges that the petitioner by means of a criminal conspiracy got a sale deed executed by the husband of the informant for a very meagre sale consideration of Rs. 25,00,000/- which led him to commit suicide on the railway track. Primarily the submission of counsel for the petitioner is that there exists no material to show that the petitioner abetted the suicide committed by the husband of the informant and that there exists no nexus between the suicide and actions of the petitioner, especially when the deceased was actively pursuing his legal remedy available under the law.
6.Not only is that the submission made by Counsel for the petitioner, the defence of the petitioner, the same is not liable to be accepted because perusal of the sale deed in question reveals that the sale consideration mentioned therein only Rs. 25,00,000/- while the value of the property as per the circle rate was Rs. 2,37,89,000/- . The first information report alleges that the market value of the property sold in 7 crores. Even if this figure is an exaggeration, fact remains that the allegations is that the first information report cannot be termed fantastic a totally unbelievable.
7.Under the circumstances and since the allegations in the first information report contain the ingredients of cognizable offence. The first information report is not liable to be quashed.
8.The writ petition is accordingly dismissed.
Order Date :- 9.10.2023 Priyanka