RAJEEV MOHAN SHARMA Vs. APEKSHA NAUTIYAL

JUDGEMENT

(1.) These two C-482 applications are directed against the common judgment and order dtd. 15/6/2022 passed in Criminal Revision No.91 of 2022, Apeksha Nautiyal Vs. C.B.I. and Criminal Revision No.93 of 2022 Km. Arti Thakur Vs. C.B.I., by learned Special Judge, Anti Corruption (C.B.I.) Uttarakhand/First Additional Session Judge Dehradun, whereby, the revision petitions filed by respondents-Km. Apeksha Nautiyal and Km. Arti Thakur, were allowed and the judgment and order passed by learned Special Judicial Magistrate C.B.I./Additional Chief Judicial Magistrate-II, Dehradun, dtd. 29/4/2022 accepting the protest petitions filed by the applicant-Mr. Rajeev Mohan Sharma, was quashed.

(2.) Since, both these C-482 applications are against the judgment and order passed by the learned Revisional Court dtd. 15/6/2022 and are arising out of same set of facts, both these C-482 Applications are being decided by this common judgment.

(3.) The facts of the case, which resulted into filing of a first information report against the respondents, are very pathetic and due to anguish of a father, who lost his young daughter, who was pursuing her second year BDS Course from Seema Dental College and Hospital, Rishikesh. It is the case of the applicant (father) that his daughter Km. Anjali Sharma pursuing her Second Year BDS Course and was living in girls hostel of the said college. On 12/2/2015, the applicant made a call to his daughter-Km. Anjali Sharma, but the call was picked up by Km. Arti (one of the accused), but, she did not give any satisfactory reply to the applicant; then he made another call to Km. Nitika Trehan, who informed him that his daughter fell down from the roof of the hostel and was taken to Nirmal Ashram Hospial, Rishikesh. The applicant reached Nirmal Ashram Hospial, Rishikesh, where, he was informed that his daughter had already passed away. According to the applicant, he was informed that his daughter committed suicide by jumping from 5th floor of the hostel. It is further case of the applicant that for various reasons, he did not believe the theory of suicide by his daughter, rather he was of the considered view that death of his daughter was suspicious, as she was harassed and tortured by her classmates and was imputed charge of breaking lock and stealing the articulator by respondent-accused Arti Thakur. It is due to the torture and harassment; his daughter fell ill and was under-treatment of Dr. Lt.Col. J.S. Rana. According to the applicant, the death was not normal for various reasons as under: