ABHISHEKH PUSHKAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner Abhishekh Pushkar with a prayer to issue a writ, order or direction in the nature of certiorari, quashing the F.I.R. of Case Crime No. 217 of 2009 under Section 306, I.P.C., P. S. Link Road, district Ghaziabad and its further investigation. The next prayer is to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in the above mentioned case or to pass any order which is deemed fit and proper in the circumstances of the case.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by respondent No. 3 Pankaj Kumar Agrahari on 15.4.2009 at 8.15 p.m. in respect of the incident which had occurred on 15.4.2009 after 3.18 p.m. It is alleged in the F.I.R. that the deceased Km. Sarika Agrahari, the niece of the respondent No. 3 was student of B.Tech. IV year (E.C. Branch) of Indraprastha Engineering College, Site-IV, Sahibabad and she was inmate of the girl hostel of the college where she was residing in room No. 315. THE deceased gave a telephonic message to respondent No. 3 on 15.4.2009 at 3.18 p.m. to bring to lock and rupees, thereafter the respondent No. 3 came to the Indraprastha college to meet the deceased and he tried to contact by his mobile phone with the deceased from the guard room of the college but calls sent by the respondent No. 3 of the deceased's mobile phone were unattended. It was informed by him to warden and guard of the college. THEreafter Smt. Suman, the warden and guard of the college went to the room of the deceased and came back who informed that her room was closed from in side. THEreafter the net of the adjoining room was broken from where it was seen that the deceased was in a hanging condition, then her room was opened and found the deceased in a hanging condition, a suicide note was kept on her bed, in which it was written that the petitioner Abhishekh Pushkar had played with her modesty (Izzat). THE first informant respondent No. 3 was informed earlier also by the deceased that the petitioner Abhishekh Pushkar was harassing her unnecessarily, the petitioner Abhisekh Pushkar was student of M.E. of the college. THE deceased was unnecessarily harassed by the petitioner due to which she was mentally disturbed and committed suicide. Being aggrieved from the F.I.R. lodged against the petitioner the present writ petition has been filed.

(3.) IN reply of the above contention, it is submitted by learned Government advocate that it is a case in which the deceased had committed suicide, she was student of B. Tech IV year, she was living in a room of the college's hostel. According to the suicide note the petitioner has played with the modesty of the deceased, the suicide note discloses the name of the petitioner as an accused. The detailed evidence relating to contents of the suicide note may be collected during investigation. But it is very clear that the deceased was compelled by the petitioner to commit suicide. The allegation made in the F.I.R. are constituting the offence punishable under Section 306, I.P.C. which is cognizable offence. At this stage the news items published in the different newspapers on different dates in respect of the death of the deceased are having no relevance and there is no ground for quashing the F.I.R. and its investigation. The present petition is devoid of merit, the same may be dismissed.