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DEVENDRA KUMAR AND OTHERS versus STATE OF U.P. THRU' SECRY. HOME AND OTHERS

High Court of Judicature at Allahabad

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Devendra Kumar And Others v. State Of U.P. Thru' Secry. Home And Others - CRIMINAL MISC. WRIT PETITION No. - 14443 of 2007 [2007] RD-AH 15668 (18 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Criminal Misc. Writ Petition No. 14443 of 2007

Devendra Kumar and others Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi, J.

We have heard learned counsel for the petitioners and the learned Additional Government Advocate for the State-respondents and also perused the impugned FIR.

It is contended that the impugned FIR has been lodged mala fidely and in fact the deceased was suffering from severe diarrhoea and was taken to the Tarun Nursing Home where she was given treatment for 2-3 hours and thereafter was referred to other Hospital. However, in the way she died.

Be that as it may, since the allegation discloses commission of cognizable offence, there appears to be no reason to interfere with the investigation or to quash the impugned FIR or to express any opinion at this stage, which otherwise, it would prejudice the entire investigation.

The writ petition is, therefore, dismissed in limine. However, it would be open to the petitioners to surrender before the court concerned and apply for bail in Case Crime No. 461 of 2007, under Sections 304-B and 201 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Chhaprauli, District Baghpat. We have no doubt that in the event such application is moved, the same would be considered and disposed of expeditiously.

Dated:18.9.2007

SKM


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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