Sukumar Vishwas v. Senior Superintendent of Police, Udham Singh Nagar
2016-01-13
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Harshpal Sekhon, Advocate, present for the petitioners. 2. Mr. K.S. Rautela, Government Advocate, present for the State/respondent nos.1 & 2. 3. This Court finds that the matter is urgent, hence heard on admission. 4. A First Information Report has been lodged by the respondent no.3 against the present petitioners which has been registered as FIR No.277 of 2015 under Sections 498A/304/323/325/328/504/506/34/120B of IPC at Police Station Shakti Farm (Sitarganj), District Udham Singh Nagar. Apprehending their arrest, the petitioners have approached this Court for relief. 5. Petitioner no.1 was married with the deceased - Smt. Hema Vishwas before 13 years as per Hindu rites and ceremony. According to the petitioners, she passed away on 09.11.2015, due to illness. There is a certificate of Rammurti Smarak Hospital Bareilly to this effect, which shows that she had acute respiratory disorder and her blood platelets count were also very low. According to the petitioners, she was admitted in the hospital, where she was diagnosed of dengue. She was treated at higher centre where she passed away during treatment. Father-in-law of the petitioner no.1 has moved an application under Section 156 (3) of Cr.P.C., before the learned Magistrate and thereafter First Information Report was filed being FIR No.277 of 2015, under Sections 498A/304/323/ 325/328/504/506/34/120B of IPC at Police Station Shakti Farm (Sitarganj) District Udham Singh Nagar. 6. The post-mortem report suggests that the cause of death is not known, although, the viscera has been preserved. The forensic report relating to viscera has not been received as yet. 7. Without saying anything on the merit of the case, considering the present documents available on record, an interference is being called for in the matter. 8. As an interim measure, it is provided that though the investigation may go on but petitioners shall not be arrested nor any coercive measures shall be taken against them in pursuance of FIR No.277 of 2015 under Sections 498A/ 304/ 323/ 325/ 328/ 504/ 506/ 34/120B of IPC at Police Station Shakti Farm (Sitarganj) District Udham Singh Nagar, till the next date of listing when it will be listed before the regular Court. 9. Issue notice to the respondent no.3. Steps to be taken within a week. 10. List this matter on 22.02.2016 in the daily cause list. 11. Meanwhile, the respondents shall counter affidavit in the matter.
9. Issue notice to the respondent no.3. Steps to be taken within a week. 10. List this matter on 22.02.2016 in the daily cause list. 11. Meanwhile, the respondents shall counter affidavit in the matter. It is further made clear that learned Government Advocate shall also file viscera report along with counter affidavit. 12. Urgency application (IA No.206 of 2016) stands disposed. 13. Stay application (CLMA No.499 of 2016) stands disposed.