High CourtsSingle Bench(2011) 10 UK CK 0025

Smt. Mona @ Mamta Sah and Khasti Devi vs State of Uttarakhand and Sri Pooran Lal Sah

Uttarakhand High Court · Decided on 12 October 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No.890 of 2011

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Judgment

5 paragraphs · 206 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of First Information Report dated 01.05.2011, registered as F.I.R. No. 145 of 2011, relating to offence punishable u/s 306 of Indian Penal Code at Police Station-Haldwani, District-Nainital.

3.

Petitioners are widow and mother-in-law of the deceased. The suicide note is said to have been found from the deceased indicating that the petitioners are responsible for his death. Learned counsel for the petitioners submitted that the First Information Report is highly belated. Cause of death could not be ascertained as is evident from the post mortem report and Viscera was preserved.

4.

Having considered submissions of learned counsel for the parties present and without expressing any opinion as to final merits in the matter, this Court is not inclined to interfere with the investigation of the case.

5.

Therefore, writ petition is dismissed summarily, with the observation that if the petitioners namely Smt. Mona @ Mamta Sah and Khasti Devi, surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that they are women. (Stay application No.10737 of 2011, stands disposed of).