ANJALAI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in Cr.No.189 of 2019 on the file of the 1st respondent police and quash as for as the petitioner/accused is concerned the same.

(2.) The learned counsel for the respondent has submitted that as per the allegations made in the FIR, the petitioner herein came to the scene of occurrence only after the occurrence. That being so, the petitioner cannot be prosecuted either for the offence under Section 302 or for the offence under Section 201 IPC.

(3.) Per contra, the learned Additional Public Prosecutor has submitted that in the FIR, it is clearly stated that A1 hit a 5 years old second respondent's daughter forcibly against a wall and caused her death. He further submitted that in the FIR, it is also stated that immediately the petitioner herein who is the daughter of the accused No.1 and her brother came there and all of them took the body of the said child to the burial ground and buried there. Therefore, there is a prima facie material to proceed against the petitioner and hence, he opposed this petition.