KANCHAN SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is filed by the applicant in Application No.27662 of 2019, aggrieved by the order dated 18.07.2019 passed by the High Court of Allahabad, dismissing her application filed under Section 482 of Code of Criminal Procedure (Cr.PC).

(3.) That on 11.05.2018, an FIR bearing Case Crime No.278/2018 was registered at P.S. T.P. Nagar Police Station, District Meerut on the complaint of Vijaydeep (complainant and brother of the deceased) under Sections 328, 302, IPC and 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act '), alleging that his brother Vikas (deceased) was called by the appellant - Kanchan Sharma on 04.05.2018 at her house. At that point of time his brother was on duty at PVM Logistic Company and on such call, he went to the house of the appellant, wherein the appellant 's father, mother and sister met his brother and all of them abused his brother with casteist abuses and forcefully administered poison to him and consequently his brother became unconscious. Complainant further stated that his brother was taken to hospital and due to the negligence of the hospital, he died.