ARTI Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the impugned chargesheet dated 28.06.2008, submitted by the Investigating Officer in criminal case no. 2510 of 2008, under Section 306 of IPC, police station Srinagar, District Pauri Garhwal, pending in the court of Chief Judicial Magistrate, Pauri Garhwal.

(2.) An FIR was lodged by respondent no. 2 against the applicant in police station Srinagar (Garhwal) on 04.06.2008, in respect of offence punishable under Section 306 of IPC. After the investigation, chargesheet was submitted against the applicant. Cognizance was taken on the chargesheet and summons were issued to the applicant. Aggrieved against the same, the applicant preferred present application under Section 482 of Cr.P.C.

(3.) Whereas, the FIR was lodged on 04.06.2008, the incident allegedly took place on 25.05.2008 at 1400 hours. The younger sister (deceased) of respondent no. 2 committed suicide by jumping into Alaknanda River because the applicant blamed her that she has stolen her mobile phone. Even if the said accusation be conceded as true, there was no evidence collected during the investigation to show that the accused abetted the commission of such suicide.