KRISHNA JINDAL Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Pursuant to the First Information Report lodged by respondent No. 2 Sri Raj Kishore Gupta, under Section 304-B of I.P.C. at Police Station Sitarganj, District Udham Singh Nagar a case has been registered against the accused persons, in which the police after investigation submitted the charge sheet under Sections 304B of I.P.C. and Section 3/4 of Dowry Prohibition Act against the present applicant and her son before the court concerned. Subsequently, the case was registered being Criminal Case No. 92 of 2016, which is pending in the court of learned Additional Judicial Magistrate, Khatima, District Udham Singh Nagar. Consequently, the learned Magistrate has taken cognizance in the matter and issued summon against the present applicant. Hence, the applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C.

(2.) Heard Mr. Nandan Arya, learned counsel for the applicant, Mr. A.S. Gill, learned Deputy Advocate General with Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand, and perused the records.

(3.) The First Information Report has been lodged by the brother of the daughter-in-law of the present applicant. The sister of the complainant married to one Hemant Kumar Jindal (son of the present applicant) on 11.06.2014 as per Hindu rites and ceremonies. Therefore, admittedly the death of Km. Poonam took place within seven years of marriage. The post mortem report was conducted, which clearly says that the cause of death could not be ascertained. Hence, the viscera was preserved and sent for chemical examination. The report of the Forensic Science Laboratory, Uttarakhand states that the cause of death is due to poisoning. The applicant is the mother-in-law of the deceased and has challenged the summoning order passed by the learned Magistrate in the present application under Section 482 Cr.P.C.