SADHURAM UDHVANI Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 30/12/2015 passed by ACJM, Gwalior in Case No.61/2016 by which the ACJM has taken cognizance of the offence under Section 306/34 of IPC as well as all subsequent proceedings arising thereof.

(2.) The necessary facts for the disposal of the present application in short are that the complainant/respondent no.2 lodged a FIR on 17/09/2014 to the effect that his wife Kirti has informed him on phone that the brother of the complainant namely Vasudev and his son Jaiprakash have committed suicide by hanging themselves. He immediately went to the house of his brother where he found that the sister of Jaiprakash was standing outside the house. The doors of the house were opened and he found that his nephew Jaiprakash and brother Vasudev have committed suicide. During investigation, the police seized a suicide note of Vasudev. After sending the bodies for postmortem and after recording the statements of the witnesses, the police filed the charge sheet against the applicants for offence punishable under Section 306/34 of IPC. By order dated 30/12/2015, the Magistrate took cognizance of the charge-sheet filed by the police.

(3.) This petition has been filed by the applicants for quashing the order dated 30/12/2015 passed by the ACJM, Gwalior by which he had taken cognizance against the applicants on the charge-sheet filed by the police.