GYAN PRAKASH TIWARI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Vivek Raj Singh, learned counsel for the petitioners, Sri S.P. Singh, learned AGA for the State and perused the record.

(2.) This writ petition has been filed with a prayer to quash the impugned order dated 30th January, 2012 transferring the case to C.B.C.I.D., recommendation dated 3rd March, 2015 recommending sanction for prosecution of petitioners, order dated 30th March, 2015 granting permission for prosecution of petitioners and order dated 15th April, 2015 for arrest of the petitioners.

(3.) The prosecution case in brief is that; an FIR was lodged against the petitioners by respondent no.4, namely, Mahadei, wife of the deceased, on 10th October, 2009 which was registered as Case Crime No.1356 of 2009, under Section 304 I.P.C., Police Station Sursa, District Hardoi alleging therein that on 7.10.2009 while the deceased, namely, Ram Kumar Pal was going on a tractor on his work, he was intercepted by the petitioners, alighted by them and they had beaten him brutally and on receiving an information his wife, i.e., respondent no.4 took him to the District Hospital, Hardoi, from where he was referred to higher centre and brought to Katiyar Nursing Home where he died on 10.9.2009 at 5.30 P.M. on account of septicemia. After concluding the investigation, police submitted a final report on 29.1.2010. The complainant was not the eye witness of the occurrence and she did not file any protest petition against the final report. Moreover, she filed an affidavit on 16.2011 before the Additional Chief Judicial Magistrate, District Hardoi admitting the fact that she lodged a false FIR on instigation of villagers and she admitted that her husband, who was deceased, was a labourer and a sack full of grains fell on him during his work and on account of the injuries caused to her husband she got him treated to his injuries and on account of the said injuries, her husband developed septicemia and died during the course of treatment.