Gautam Chowdhary,J. - (1.) Heard Sri Ishir Sripat, learned counsel for the petitioners and learned A.G.A. for the State. Petitioners have made the following prayers:- (i) issue a writ of certiorari quashing the First Information Report dated 10.12.2020 registered as Case Crime no. 0626 of 2020, under Sections 304B, 498A IPC and 3/4 Dowry Prohibition Act, P.S. Ghandhi Park, District Aligarh. (ii) issue a writ of mandamus directing the respondent no. 2 not to arrest the petitioners in Case Crime no. 0626 of 2020, under Sections 304B, 498A IPC and 3/4 Dowry Prohibition Act, P.S. Ghandhi Park, District Aligarh. (iii) Any other or further writ, order or direction as is deemed fit and proper by this Hon'ble Court.
(2.) Facts in nutshell for our puposes are that daughter of the first informnat had married Pushpendra Singh. The daughter of the first informant on 2.8.2020 gave birth a girl child at Jaideep Nursing Home, which was now creator of the problem between the parties. It is a matter of fact that after delivery when the deceased was shifted to Varun Hospital, she died. The respondent no. 3 preferred a complaint under Section 156(3) Cr.P.C., which was registered as Application No. 256/11/20 before the Chief Judicial Magistrate, Aligarh. The court of C.J.M., Aligarh directed the concerned police station to submit a report on the said complaint. The police station submitted a report before the learned Chief Judicial Magistrate along with death certificate issued by the hospital. Unfotunately, death of the Vimlesh was projected as death for dowry and all six petitioners were arrayed as accused. Learned counsel for the petitioner relied upon the reports issued by the hospital and the report of the police but the first informant was bent on seeing all accused to be prosecuted.
(3.) Going through the factual scenario and as the investigation is on and the death is occurred during seven years of the marriage, at this stage, we would be loath in interfering with the investigation.;