SUBHASH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition under Section 482 Criminal Procedure Code, 1973 the judgment passed in Criminal Revision No.288 of 2008 dated 06.09.2008 and the order passed by the learned Chief Judicial Magistrate, Barabanki dated 21.05.2008 have been challenged.

(2.) By the impugned order dated 21.05.2008, the learned Chief Judicial Magistrate, Barabanki had rejected the protest petition of the complainant-petitioner and accepted the final report as submitted against the accused-respondent no.3. A criminal revision being Criminal Revision No.288 of 2008 was preferred, but the same was also dismissed as warranting no interference. Aggrieved by the said two judgments, the present petition under Section 482 Criminal Procedure Code, 1973 has been filed.

(3.) Brief facts are that the petitioner moved an application under Section 156(3) Criminal Procedure Code, 1973 with the allegations that his daughter Km. Poonam @ Gudiya aged about 17 years was a student of B.A. Part-I in Patel Mahila Degree College and in connection with her studies, she was living with her maternal uncle-respondent no.3. On 06.04.2005, at about 4:15 p.m., respondent no.3 informed the complainant-petitioner by telephone that Poonam had met with some accident. Upon hearing this, the petitioner and his wife went to the spot where he was informed by respondent no.3 that Poonam had committed suicide by lighting herself on fire with gas cylinder. Upon seeing the charred dead body of Poonam, the complainant lost his mental balance. A near relation of the complainant (brother-in-law) Anand Prakash Gautam came to the spot and assured the complainant that he will lodge a F.I.R in Kotwali and got the signatures of the complainant done on a plain piece of paper. Later on, the complainant came to know that with the active assistance of the three accused, Anand Prakash Gautam had given an application narrating therein that Poonam had committed suicide.