Sh. Abdul Raheem & others. vs State of Uttarakhand & others.

Present petition has been filed by the petitioners challenging the F.I.R. No.371/2016 dated 23.12.2016 lodged by the respondent no. 4, registered at Police Station Sitarganj, under Section 302 I.P.C.

Allegations in the F.I.R. lodged by the respondent no.4 (complainant) are that his sister was killed by the petitioners in their house.

Learned counsel for the petitioners submitted that the cause of death, in the Post Mortem Report, is asphyxia due to ante mortem hanging. He submitted that there is no eyewitness to the said incident and only on the basis of suspicion; F.I.R. has been lodged against the petitioners. He submitted that the petitioner nos. 1 & 2 are senior citizens and the petitioner no. 3 is Devrani of the deceased.

I have perused the F.I.R. I have also gone through the Post Mortem Report and also through the

column, where injuries are mentioned. On this, learned counsel for the petitioners would submit that the said injuries are those, which were caused at the time, when people of the locality pulled down the deceased from where she was hanging.

I have considered the submission advanced by the learned counsel for the parties. In my view, this is not a fit case, where the Court should interfere in this criminal writ petition filed under Article 226 of the Constitution of India. It is for the Investigating Officer to investigate the matter and reach to the conclusion; either to file charge sheet or submit final report.

The writ petition lacks merit and is dismissed. However, it is observed that if the petitioners surrender before the Magistrate concerned and moves bail application, the concerned Magistrate shall decide the bail application of the petitioners expeditiously, in accordance with law.