RITU YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. has been moved by applicants, namely, Ritu Yadav, Sunil @ Guddu, Sachin @ Chhotu and Kamlesh Kumar challenging the charge sheet No.01 dtd. 18/1/2022 arising out of Case Crime No.419 of 2021, under Sec. 306 IPC, Police Station- Jaswant Nagar, District- Etawah and cognizance order passed by Additional Chief Judicial Magistrate, Court No.2, Etawah dtd. 15/2/2022 and entire proceedings of this case.

(2.) The brief facts giving rise to the aforesaid application are that a first information report was lodged at police station- Jaswant Nagar, District- Etawah on 3/10/2021 by opposite party No.2 Munni Devi with the averments that the marriage of his son Rahul Yadav was solemnized with Ritu Yadav in the year 2010. Ritu Yadav lived happily with her son only for some period. After that she started torturing her son. On 10/8/2021 Ritu Yadav, Sanjay @ Guddu, Sachin @ Chhotu, both son of Keshav Dayal and Kamlesh maternal uncle of Ritu Yadav tortured her son and scuffled with him. Aggrieved with the torture at the hands of the aforesaid persons her son Rahul Yadav has committed suicide on 24/8/2021 at about 11:00 am. During the course of investigation, a suicide note was recovered by investigating officer allegedly written by the deceased Rahul Yadav, which is enclosed as Annexure No.9. I.O. recorded the statements of witnesses under Sec. 161 Cr.P.C., inquest report was prepared and post mortem was conducted on the body of the deceased and post mortem report was prepared, in which ligature mark of 20cm x 01.5 cm size on the neck, above thyroid cartilage was shown as ante mortem injury. Cause of death was mentioned as asphyxia due to hanging.

(3.) After completion of investigation, investigating officer reached to the conclusion that the deceased had committed suicide and I.O. submitted charge sheet against all the applicants, namely, Ritu Yadav, Sunil @ Guddu, Sachin @ Chhotu and Kamlesh for the offence under Sec. 306 IPC. Learned Magistrate concerned took the cognizance on the aforesaid charge sheet on 15/2/2022 and summoned all the four accused persons for trial under Sec. 306 IPC. Aggrieved with submission of charge sheet and cognizance order, applicants moved this application under Sec. 482 Cr.P.C.