RAMKESH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an applica ­tion under section 482 Cr. P.C. to quash the order dated 9.4.2008 passed by Additional Sessions Judge, Court No. 5, Kanpur Dehat in Session Trial No. 192/06, State v. Ram ­kesh and others.

(2.) I have heard learned Counsel for the applicant as well as learned A.G.A. for the State at the stage of admission on mer ­its also and since the point involved in this case is legal one, I am deciding it on merits at this stage.

(3.) BEFORE proceeding with the case it will be useful to note as to what was writ ­ten in the aforesaid application (Exhibit Ka ­il) of Shyam Babu, the informant in the case. It is to be seen that the informant Shyam Babu had given an information in writing (Exhibit Ka -11) at P.S. Shivrajpur District Kanpur Nagar on 28.3.2006 at 11.30 P.M. in which he stated that he had re ­ceived an information on telephone that his sister Bhanmati who had been married with Ramkesh of village Gopalpur police station Sheorajpur, Kanpur Nagar had committed suicide by burning herself on 28.3.2006 and that her dead body was lying there in the house and he had come to the police station to give this information. It was also stated in it that the marriage of Bhanmati and Ramkesh had taken place about four years ago. It was further stated that there did not appear commission of any offence. On the basis of this written application (Exhibit Ka -11) given by Shyam Babu an entry was made in the G.D. at se ­rial No. 43 (Exhibit Ka -10) and the police was sent to the spot. The inquest report was prepared and the dead body was sent for post -mortem. According to the post mortem report, the cause of death was burn injuries. No other injury of any other sort was found upon the dead body except burn injuries.