Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 8158 of 2022

Petitioner :- Dilip Singh

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Yadavendra Dwivedi

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajendra Kumar-IV,J.

This writ petition has been filed with the prayer to quash

the First Information Report in Case Crime No. 607 of 2022,

under Sections 302, 406, 120B I.P.C., Police Station -

Chakeri, District - Kanpur Nagar on the ground that the

death of deceased is a case of suicide and not murder.

Counsel for the petitioner states that in the postmortem

report there is no injury shown to the deceased.

Petition is opposed by learned AGA.

We have perused the first information report, which clearly

contains allegations with regard to murder of the deceased

by the named accused persons. The investigation is

progressing. At this stage of proceedings, we are not

inclined to embark upon any factual enquiry or to even

make any prima facie observation with regard to the

defence of the petitioner in the aforesaid case. Whether

the death is homicidal or suicidal would be an aspect to be

determined upon completion of investigation.

Since prima facie allegations otherwise are with regard to

commissioning of congizable offence in the first

information report, we decline the prayer made to quash it

in view of the law laid down by the Supreme Court in the

case of State of Telangana Vs. Habib Abdullah Jellani,

(2017) 2 SCC 779, and in the case of Neeharika

Infrastructure Pvt. Ltd. Vs. State of Maharashtra and

Others, (2021) SCC Online SC 315.

The writ petition fails and is dismissed.

Dismissal of this petition, however, will not preclude the

petitioner from seeking appropriate protection under the

code of criminal procedure, which shall be dealt with on its

own merits and in accordance with law.

Order Date :- 18.7.2022

Ranjeet Sahu

Digitally signed by RANJEET SAHU

Date: 2022.07.18 17:51:25 IST

Reason:

Location: High Court of Judicature

at Allahabad