MANASVI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed by the petitioners Manasvi Kumar and Manoj Kumar with a prayer to issue writ, order or direction in the nature of certiorari quashing the first information report dated 17.2.2009 of Case Crime No. 98 of 2009 under Section 302, I.P.C., Police Station Kotwali Orai, District Jalaun and to issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 and his subordinate officers not to arrest the petitioners in pursuance of the report registered as Case Crime No. 98 of 2009 under Section 302, I.P.C., Police Station Kotwali Orai, District Jalaun or any order or direction, as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case may be issued.

(2.) THE facts, in brief, of this case are that the F.I.R. has been lodged by respondent No. 3 Dr. Bhagwan Das Verma on 17.2.2009 at 2.00 p.m. at police station Kotwali Orai in Case Crime No. 98 of 2009 under Section 302, I.P.C. in respect of the incident which had occurred from 13.12.2008 to 14.12.2008 at 7.00 p.m. alleging therein that the marriage of the deceased Dr. Pooja Verma was solemnised with petitioner No. 1. THE respondent No. 3, the father of the deceased, spent money of about 15 lacs in the said marriage even then the deceased was subjected to cruelty for the purpose of realising some more money from the deceased because she was earning about Rs. 49,000 per month as salary. Respondent No. 3 was informed by the deceased in the first week of December, 2008 that she was having apprehension of her death from her husband and father-in-law. THE deceased was staying at Orai in the month of December, 2008 at her uncle Roop Ram Verma's house but for the purpose of committing her murder in furtherance of a pre-planned conspiracy, she was persuaded by the petitioners on 13.12.2008 to go in their company then she was brought by them from Orai to Agra on 13.12.2008 and they left Agra in a Car for going to Delhi on 14.2.2008 but on the way to Delhi at about 7.00 p.m., in a pre-planned scheme for the purpose of committing the murder of the deceased, the car driven by petitioner No. 1 collided with a tractor having trolley, the petitioner No. 1 opened the door of his car and pushed out the deceased on the road consequently, she sustained serious injuries and succumbed to her injuries on 16.12.2008. THE deceased was the only daughter of the respondent No. 3 that is why he remained in shocking condition so that the F.I.R. could not be promptly lodged. THE conspiracy of the murder of the deceased was given effect from Orai to the place of occurrence where collision of the vehicle had taken place. THE F.I.R. was not directly written by the police authorities, thereafter he moved the application under Section 156 (3), Cr. P.C., the same was allowed by learned Chief Judicial Magistrate, Jalaun at Orai on 28.1.2009 in pursuance of the order dated 28.1.2009, passed by learned C.J.M., Jalaun at Orai, the F.I.R. of this case was registered at police station Kotwali Orai on 17.2.2009. Being aggrieved from the above mentioned F.I.R., the petitioners have filed the present writ petition with a prayer to quash the same.

(3.) IN reply to the above contention, it is submitted by the learned A.G.A. that on the basis of the allegations made in the F.I.R., prima facie, offence under Section 302, I.P.C. is made out because the deceased has been murdered in a pre-planned manner so that the colour of accident may be given. The offence is cognizable offence. The first informant had not lodged any other F.I.R., he had made the complaint to S.H.O. P.S. Camp, Palwal but no case was registered on his complaint. IN the present case, the petitioner No. 2 had lodged the F.I.R. of the incident at Thana Camp Palwal in Case Crime No. 447 of 2008 on 15.12.2008, it is delayed F.I.R., no F.I.R. was lodged on 14.12.2008, the F.I.R. has been lodged to give the colour of accident, it is a case of pre-planned murder, it was lodged after great thought and consultation in which the charge-sheet has been submitted against the person who was driving the Tractor, i.e., Dharampal. The F.I.R. itself is very clear that in furtherance of a pre-planned scheme and conspiracy, the petitioners came to the house of the deceased's uncle on 13.12.2008 and persuaded to go in their company to Agra, they brought the deceased to Agra on 13.12.2008 where they stayed on 14.12.2008, they proceeded towards Delhi but on way to Delhi, deliberately the car which was driven by petitioner No. 1 was collided with a tractor from the side where the deceased was sitting and by opening the door she was pushed down consequently she sustained injuries. The act done by the petitioners is constituting the offence of murder. It is also surprising that from both the versions, the petitioner No. 1 was driving vehicle which was collided with the tractor having trolley but the petitioner No. 1 did not sustain any injury even injured persons including the deceased were not brought to Goel Hospital as well as Om Hospital by petitioner No. 1, they were admitted by some unknown persons as the record shows. It also shows that for concocting the story of murder as of accident in a pre-planned manner, the car was collided by petitioner No. 1 with the tractor having the trolley. So far as the territorial jurisdiction is concerned, in furtherance of pre-planned scheme, the deceased was brought from Orai for the purpose of committing her murder to give effect to a hatched conspiracy by the petitioners, in such circumstances, the court of Jalaun at Orai was having the territorial jurisdiction to allow the application under Section 156 (3), Cr. P.C. and the S.H.O. of Police Station Kotwali, Orai was having the jurisdiction to lodge the F.I.R. because the part of the cause of action has occurred in the territorial jurisdiction of P.S. Kotwali, Orai.