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2023 Supreme(Jhk) 1132

ANIL KUMAR CHOUDHARY
Vijaya Laxmi @ Bijay Laxmi, wife of Late Pankaj Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Prabhat Singh, Ms. Anupama Kumari, Mr. Arun Kumar, Mr. Anil Kumar, Advocate
For the State : Mr. Shiv Shankar Kumar, Addl. P.P.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report in connection with Chas Muffasil P.S. Case No.109 of 2021 corresponding to G.R. No.229 of 2023 registered for the offence punishable under Section 306 of the Indian Penal Code, 1860 pending in the court of Chief Judicial Magistrate, Bokaro. Prayer has been in this Criminal Miscellaneous Petition, also for quashing the order dated 13.02.2023 passed by the learned Chief Judicial Magistrate, Bokaro wherein the learned Magistrate differing with the Final Report submitted by the police; wherein the police did not send up the petitioner for trial, as the facts were not proved for taking cognizance against the petitioner for the offence punishable under Section 306 of the Indian Penal Code; on the basis of paragraphs-2, 3, 4, 39, 52, 53 and 55 of the case-diary, found prima facie case against the petitioner for having abetted the commission of suicide of her deceased husband- Pankaj Kumar.

3. The brief fact of the case is that the husband of the petitioner was posted

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