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2021 Supreme(J&K) 203

Gauri Devi – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Basit M. Keng, Advocate
For the Respondent: Mr. Aseem Sawhney, AAG

JUDGMENT :

1. The present petition has been filed by the petitioner under Section 561-A, now 482 Cr. P.C. for quashing the challan in case titled “State of Jammu & Kashmir (now) UT Vs Gauri Devi,” arising out of FIR No.152/2010 dated 14.08.2010 registered with Police Station Nowabad, Jammu for offences under Section 306 of the RPC, pending before the Court of learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as the “trial Court”) and also the order dated 12.03.2011, by virtue of which the charge for commission of offence under Section 306 has been framed against the petitioner.

2. It is stated that on 07.12.2009 at 01.30 p.m., the Police Post, Canal Road, received information from some reliable sources that one person, namely, Ghan Shyam, S/o Ajay Kumar, R/o Krishna Nagar, Jammu has seriously injured himself by stabbing himself in the chest and was taken to GMC, Jammu, who died en route. Since the matter pertained to the death of a human and cause was unknown, so the police after recording the said information as report No. 13 in the Roznamcha dated 07.12.2009 started inquest proceedings under Section 174 Cr. P.C. The dead body was recovered and the post-mortem wa

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