GOVERNMENT OF NCT DELHI Vs. NAGESH TYAGI

JUDGEMENT

(1.) Leave granted. Anupama, wife of the respondent, committed suicide on 24.12.1997. On a complaint lodged by her father an FIR was registered and subsequently a case was charge-sheeted against the respondent for offences under Section 498- a and 306 of the Indian Penal Code. The Sessions court framed a charge after hearing both sides as required under Section 227 of the Code of Criminal Procedure. The charge contained the aforesaid offences. At the said stage respondent moved the High Court for quashing the said charge. By the impugned order learned single Judge of the High Court quashed the charge.

(2.) It is contended in behalf of the appellant state that quashing the charge at this stage was uncalled for that the High Court went wrong in reading the suicide note with a particular interpretation at a too premature stage. At any rate it was contended that the sifting of evidence at this stage was not permitted by law.

(3.) Mr. P. S. Misra, learned Senior Counsel contended that the impugned order was passed by the High Court after reading the suicide note in a comprehensive manner and the only inference which can be drawn from such a reading is that respondent is in no way responsible for the suicide committed by the deceased wife.