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2024 Supreme(All) 83

SUBHASH VIDYARTHI
Rajendra Prasad – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Pradeep Kumar Shukla, Skand Bajpai

JUDGMENT :

1. Heard Sri Skand Bajpai and Sri Abhudaya Mishra, the learned counsels appearing for the applicants and Sri Rishikesh Verma, the learned Additional Government Advocate and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the summoning order dated 21.10.2023 passed by Judicial Magistrate-I, Gonda in Case No.20111 of 2023 as well as charge-sheet No.1 of 2023 dated 08.08.2023 filed in Case Crime No.61 of 2023 under Section 306 IPC, Police Station Mankapur, Gonda.

3. In the FIR lodged on 31.01.2023, opposite party No.2 alleged that her son Durgesh Kumar was having a love affair with opposite party No.6 due to which reason, the applicants used to harass him and incite him to commit suicide. For this reason, son of opposite party No.2 consumed poison on 23.11.2022. He was taken to C.H.C. Mankapur from where he was referred to District Hospital, Gonda and from the District Hospital he was referred to K.G.M.U. where he ultimately died during treatment on 30.11.2022.

4. In the statement of the informant recorded under Section 161 Cr.P.C., she stated that her son used to give his earnings and valuables

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