ASHA SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Smt. Asha Shukla wife of Dr. S.D. Shukla has filed this revision against the order dated 18-5-2001 passed by VI Addl. Chief Judicial Magistrate, Ghaziabad in case No. 522 of 2001 State v. Smt. Asha Shukla under Section 306 I.P.C. whereby the learned Magistrate on the basis of charge sheet submitted by police after investigation has taken cognizance and summoned the applicant as accused to face trial.

(2.) Deceased of this case were smt. Nimisha and her husband Praveen Sharma. On 21-3-1998 they both were found dead as a result of hanging in the rented house of Praveen Sharma. Deceased Nimisha was the daughter of the applicant in revision while Praveen Sharma was son of Shri V.D. Sharma who in this revision has filed his own counter affidavit in reply to the affidavit filed on behalf of the applicant.

(3.) In the affidavit filed in support of this revision it is alleged that the applicant is an educated lady of about 53 years of age. Her father was a Senior Professor and Dean Faculty of Commerce and Business Management in Banaras Hindu University. She is a post graduate in Sanskrit and is married to Dr. S.D. Shukla. Dr. Shukla is Professor and Head of Geology Department and also officiated as Principal in S.G.R.R. Post Graduate College, Dehradun. Three real brothers of applicant are also highly educated and well settled. Eldest is Senior Manager in L.I.C., second is General Manager and Youngest is Head of the Department in S.N. Medical College, Agra. After her marriage, applicant started residing at Dehradun with her husband. Two children were born to them, namely, Nimisha and Nishith. The son of applicant is a computer engineer and M.B.A. and is well settled in Delhi. Marriage of applicant's daughter Nimisha was negotiated and settled with Praveen Sharma through advertisement who had completed A.M.I. and was posted as Junior Engineer in C.P.W.D. at New Delhi. All these facts have not been denied in the counter affidavit filed on behalf of opposite party No.2.