High CourtsSingle Bench(2011) 09 UK CK 0138

Smt. Ashmi Sharma vs State of Uttarakhand and Devendra Kumar

Uttarakhand High Court · Decided on 21 September 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 815 of 2011

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Judgment

4 paragraphs · 270 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of First Information Report dated 15.09.2011, registered as Crime No. 231 of 2011, relating to offence punishable u/s 306 of I.P.C., Police Station- Kotwali Gangnahar, Roorkee.

3.

Learned Counsel for the Petitioner submitted that the ingredients of the offence punishable u/s 306 of I.P.C., are not made out against the Petitioner. However, perusal of the First Information Report, read with the postmortem report discloses that the maidservant of the Petitioner and her husband committed suicide in their house. It is alleged by the complainant (father of the deceased) that accused did not let the girl go to her home. It is pleaded before this Court that Petitioner is a Head Mistress in the Government Primary School and was on duty at the time of incident. No report appears to has been lodged by the Petitioner or her husband about the death of the maidservant on 14.09.2011, after 3.30 P.M. when they came to know about the incident.

4) Having considered submissions of learned Counsel for the parties and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case. The writ petition is summarily dismissed, without expressing any opinion as to the correctness of the allegations made in the First Information Report, with the observation that if the Petitioner Rashmi Sharma, surrenders before the court concerned her bail application shall be heard and disposed of without unreasonable delay (Stay application No. 9923 of 2011, stands disposed of).