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KISHAN LAL AND ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Kishan Lal And Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5627 of 2007 [2007] RD-AH 9517 (18 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 5627 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

We have heard learned counsel for the petitioners.

The story put forward by the petitioner is so shallow and bogus that it does not call for any kind of interference under Article 226 of the Constitution of India.

The complainant has come forward with the case in the first information report that his wife and daughter went to the toilet. Certain alleged assailants tied-up his wife and, thereafter took his daughter to some distance where they shot her dead. It is also alleged by the complainant that he found his wife tied-up at night and the dead body of his daughter was discovered in the morning.

It is not a case of the complainant that there was any attempt to molest or to rape the deceased girl. It has not been explained as to why the assailants would have taken the trouble to tie-up the mother, to travel some distance with the deceased girl only for the purpose of shooting her dead. If the motive was to murder the girl, she would have been shot dead right in the presence of her mother.

More importantly, the first information report does not disclose as to what the mother of the deceased girl told the complainant, when she was found tied-up at night by the complainant.

In the circumstances, we find the story in the first information report to be shallow as stated above.

The writ petition is accordingly dismissed.

Dated: May 18, 2007

AM/-


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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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