Allahabad High Court
Chandra Bhan And 5 Others vs State Of U.P. And 2 Others on 18 November, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 25301 of 2019 Petitioner :- Chandra Bhan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Tripathi,Anup Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioners and Mrs. Archana Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 07.11.2019 along with the stay of arrest in Case Crime No. 0294 of 2019, under Sections 302, 120-B IPC, Police Station Lohamandi, District Agra.
Learned counsel for the petitioners submits that the petitioner no. 1 is the real brother of the deceased whereas the petitioner no. 2 is the wife of petitioner no.1. He further submits that the petitioner no. 3 has qualified for the post of Assistant Loco Pilot and petitioner no. 6 is an unmarried girl. It is argued that the allegations levelled against the petitioners are totally vague and incorrect. They have been falsely implicated in the present matter. It is further argued that the deceased Gokul Chand was issueless and during his lifetime had executed a will deed in favour of the petitioner No.1 on 11.03.2019 which has been challenged by the respondent no.3 before the Civil Court which is pending till date.
Learned AGA has opposed the prayer for quashing of the FIR and submits that no postmortem of deceased was conducted by which cause of death could be ascertained.
The writ petition is dismissed on behalf of the petitioner nos. 1, 4 and 5 namely Chandra Bhan, Manish and Gulshan.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner nos. 2, 3 and 6 namely Smt. Kamlesh, Vinay and Neelam @ Kumkum shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned authority.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.11.2020
M. ARIF
(Samit Gopal, J.) (Ramesh Sinha, J.)