JYOTSNA SHARMA. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common question of law and facts are involved in both these petitions, they are taken up together and decided by this common judgment.

(2.) Challenge in both these petitions is made to the Charge sheet dtd. 5/12/2020 and summoning order dtd. 11/12/2020, passed in Criminal Case No. 834 of 2020, State Vs. Jyotsna Sharma and others, under Ss. 306 and 120 B IPC by the court of Judicial Magistrate 2nd, Haridwar, District Haridwar (for short, "the case") and the entire proceedings of the case.

(3.) The informant (respondent no.2 herein) filed an FIR on 5/10/2020 under Sec. 306, 34 IPC against both the petitioners and others. According to it, in the intervening night of 5/6/10/2020 at 12:30, the informant spotted that his son Vivek Sharma had committed suicide. The police was informed. The dead body was taken down from the ceiling fan. A suicide note was recovered from the pocket of the deceased. In the suicide note, the deceased had held the petitioners and others responsible for his death. The petitioner Bhupesh Chauhan would threaten the deceased to life. The deceased was mentally harassed and he was under depression. It is this FIR, in which, after investigation, charge sheet has been submitted against the petitioners under Ss. 306 and 120B IPC. In this matter, on 11/12/2020 cognizance has been taken against the petitioners. It is impugned herein.