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2022 Supreme(UK) 28

RAVINDRA MAITHANI
Jyotsna Sharma – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Appellant :Mr. Gaurav Singh and Mr. Pawan Mishra, Advocates
For the Respondent: Mr. Lalit Miglani, Adv

JUDGMENT :

Since common question of law and facts are involved in both these petitions, they are taken up together and decided by this common judgment.

2. Challenge in both these petitions is made to the Charge sheet dated 05.12.2020 and summoning order dated 11.12.2020, passed in Criminal Case No. 834 of 2020, State Vs. Jyotsna Sharma and others, under Sections 306 and 120 B IPC by the court of Judicial Magistrate 2nd, Haridwar, District Haridwar (for short, “the case”) and the entire proceedings of the case.

3. The informant (respondent no.2 herein) filed an FIR on 05.10.2020 under Section 306, 34 IPC against both the petitioners and others. According to it, in the intervening night of 5/6.10.2020 at 12:30, the informant spotted that his son Vivek Sharma had committed suicide. The police was informed. The dead body was taken down from the ceiling fan. A suicide note was recovered from the pocket of the deceased. In the suicide note, the deceased had held the petitioners and others responsible for his death. The petitioner Bhupesh Chauhan would threaten the deceased to life. The

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