Allahabad High Court
Pinki @ Uma Gupta vs State Of U.P. And 2 Others on 3 March, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2927 of 2020 Petitioner :- Pinki @ Uma Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Mishra,Vivek Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.08.2019 registered as Case Crime No.321 of 2019, under Section 306 I.P.C., P.S. Koraon, District Prayagraj.
The impugned first information report has been lodged by brother of the deceased on 06.08.2019 in respect of an incident dated 16.07.2019 by alleging that the deceased was harassed by his wife (the petitioner) as a result of which he was driven to commit suicide.
On 20.02.2020, the learned AGA was required to seek instructions whether the alleged suicide was reported by the petitioner to the police station and whether any inquest report of the dead body was conducted. The Court also required the learned AGA to produce transcript of any audio recording as was alleged to there.
The learned AGA has obtained instructions and on the basis of instructions, he has informed the Court that information about the suicide was received in the control room and on the basis thereof inquest proceedings were carried out and post mortem was also conducted. He has stated that as per the post mortem report the death was due to asphyxia as a result of ante mortem hanging and except ligature mark around the neck no other injury was seen on the body. He has also submitted that the transcript of the audio recording is not available because though it is claimed that the audio recording is there but CD of that has not yet been provided.
Considering the nature of the allegations, keeping in mind that the petitioner is a lady, who has lost her husband, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the above case till submission of police report under Section 173 (2) Cr.P.C. provided she co-operates in the investigation and makes herself available for interrogation as and when required by the investigating agency.
Order Date :- 3.3.2020 Nitin Verma