SANDEEP DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and Shri Aniruddh Kumar Singh, learned A.G.A. for the State.

(2.) This application has been filed challenging the order dated 14.05.2019 passed by Chief Judicial Magistrate II, Gonda passed in Case No. 4405 of 2018 arising out of Case Crime No. 360 of 2017, under Sections 306 and 506 I.P.C., P.S. Itiyathok, Gonda.

(3.) Facts, in brief, are that on the written complaint of respondent no. 2, an FIR bearing Case Crime No. 360 of 2017, under Sections 306 and 506 I.P.C., P.S. Itiyathok, Gonda was lodged against the applicants on 18th September, 2017. In the FIR, it was alleged that the accused persons had victimized the brother of respondent no. 2 and also threatened him of dire consequences, on account of which, he committed suicide by leaving a suicide note. Charge sheet No. 1 dated 14th August, 2018 was filed against the applicants under Section 306 I.P.C. On the aforesaid charge sheet, cognizance was taken by Chief Judicial Magistrate, Gonda on 20th November, 2018 and it was registered as Case No. 1272 of 2018. Aggrieved, applicants approached this Court by filing Criminal Case No. 88 of 2019 under Section 482 Cr.P.C. challenging the proceedings of Case No. 1272 of 2018 (State v. Umesh Dubey and Ors.). The said petition was disposed of by this Court vide order dated 16th January, 2019 with the liberty to the applicants to file an application for discharge in conformity with the provisions of Cr.P.C.