ADITYA MISHRA AND OTHERS Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2006-12-249
HIGH COURT OF ALLAHABAD
Decided on December 12,2006

Aditya Mishra And Others Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Amitava Lala, J. - (1.) This writ petition has been made for the purpose of quashing the First Information Report registered as case crime No. 52 of 2006, under Sections 306 IPC and 3/2/5 of S.C.S.T. Act, P.S. Aurai, District Sant Ravidas Nagar (Bhadohi), Annexure 8 to the writ petition.
(2.) The First Information Report (hereinafter called as F.I.R.) speaks that one Shivnath, son of respondent No. 3, had allegedly committed suicide near his house. Thereafter the respondent No. 3, moved an application before respondent No. 2 i.e. Station House Officer, Aurai on 6.2.2006 making application that victim i.e. his son came out from his house at 12.00 P.M. in the night due to nature's call but did not return and in the morning his dead body was found hanging from a mango tree. He alleged that some persons have committed murder of his son and made application when police endorsed the case crime on 11.2.2006 against four persons. The petitioners are named in the application. According to them no signature of the informant was there in the application. However, police had started harassing them without any cogent reason. They are apprehending for their arrest.
(3.) On 8.3.2006 the petitioners moved an application before the Chief Judicial Magistrate, Gyanpur, Sant Ravidas Nagar (Bhadohi) alleging that the police is harassing the petitioners and warned to arrest the petitioners as per the case diary regarding involvement. After moving the application, the Court concerned called for the record from the police and fixed the date for submission of the same on 9.3.2006. On 9.3.2006 police had submitted report to the Court concerned stating therein that the petitioners are involved in case crime No. 52 of 2006. Petitioners applied for certified copy of the F.I.R. from the concerned Court on the same day but from the note on the requisition made by a staff of the Court it appeared that FIR is not available to the office of the Court.;


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