Advocates:
['AKHILESH CHANDRA SHUKLA', 'G A', '', 'VIPUL SHUKLA', 'NAMMAN RAJ VANSHI']

Court No. - 21

Case :- CRIMINAL MISC. WRIT PETITION No. - 3194 of

2021

Petitioner :- Anita Sharma And Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Akhilesh Chandra Shukla

Counsel for Respondent :- G.A.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

After hearing the learned counsel for petitioners and going

through the record of this case, we do not find it a fit case to

interfere under Article 226 of the Constitution of India even if it

may be that the deceased died out of septicemia.

The allegations made by the complainant are against the

petitioner No. 1 who is lady, wife of Dr. Pradeep Sharma and

petitioner No. 2 is minor son of Dr. Pradeep Sharma. The

submissions made by the counsel for the petitioners would not

permit us to quash the First Information Report impugned in

this petition pursuant to which a Case Crime No. 30 of 2021

under Sections 147, 148, 302, 504, 506, 394 IPC, Police Station

- Paratapur, District - Meerut has been registered against the

petitioners.

It is averred in the writ petition that the deceased tried to come

for committing robbery in the house of the petitioners, which is

captured in CCTV footage also. All these facts are required to

be investigated. They are not such which can be believed as a

gospel truth.

It is a fact that some person has died may be out of septicemia.

As law laid down in the judgment of State of Telangana Vs.

Habib Abdullah Jeelani, (2017) 2 SCC 779 as well as in the

recent judgement of M/s Neeharika Infrastructure Pvt. Ltd.

Versus State of Maharashtra and others, LL 2021 SC 211 will

not permit us to quash the petition.

The petitioner No. 1 is lady and petitioner No. 2 is a minor

child. A minor will not be lodged in jail by police authorities.

As far as petitioner No. 1 is concerned, she may move the

regular court for any other relief as available to her in law.

With these observations this writ petition stands disposed of.

We make it clear that as the deceased has died out of

septicemia, prima facie the provisions of Section 302 IPC will

not be attracted in this case. Therefore, bar in filing the

anticipatory bail/bail would not come in the way of the

petitioners.

Order Date :- 12.5.2021

LBY