ORDER

This petition has been filed under Article 226 of the Constitution seeking quashment of the order dated 09.05.2025 passed by the Learned Chief Judicial Magistrate, Guna, as well as the consequential criminal proceedings arising out of Crime No. 115/2025 registered at Police Station Kotwali, Guna, District Guna (M.P.), for offences punishable under Sections 103 and 238 of the Bharatiya Nyaya Sanhita, 2023.

2. Learned counsel for the petitioner submitted that she was married to Anupam Jain on 01.06.2006. Her husband is presently working as an Auditor in HDFC Bank, Bhopal. From the said marriage, they were blessed with one son, Master Abhyuday, who was born on 01.02.2011. On 22.11.2019, the husband of the petitioner was transferred to HDFC Bank (WBO), Guna. Due to this transfer, the petitioner and her minor son started residing in Guna along with him. Recently, her husband was re-transferred to Bhopal, and the family had planned to shift back to Bhopal after completion of Master Abhyuday’s 8th standard academic session. Unfortunately, on 14.02.2025, the petitioner found her only son, Master Abhyuday, aged about 15 years, hanging in the bathroom of their residence. The petitioner was shocked and immediately arranged to take him to District Hospital, Guna. However, the doctors declared him dead on arrival. On the same day, i.e., 14.02.2025, on receiving information, the police registered a Marg No. 11/2025 at Police Station Kotwali, Guna. On 15.02.2025, the post-mortem examination of the deceased was conducted. As per the opinion of the medical board, the cause of death was asphyxia due to ante-mortem strangulation. Based on the inquest report and medical opinion, an FIR was registered on 22.02.2025 at Crime No. 115/2025 under Section 103 of the BNS, 2023, against unknown persons.

3. It is submitted by learned counsel that during the course of investigation, the Investigating Officer named the petitioner as an accused in the case and took her into custody on 08.03.2025. Thereafter, the petitioner approached this Court for grant of bail. Vide order dated 16.06.2025 passed in M.Cr.C. No. 22254/2025, this Court was pleased to grant regular bail to the petitioner. Meanwhile, by order dated 29.03.2025, the Superintendent of Police, Guna constituted a Special Investigation Team (SIT), headed by the Additional Superintendent of Police, Guna, to conduct a thorough and impartial investigation into the matter. On 26.04.2025, the SIT submitted its detailed report to the Superintendent of Police, Guna. The report, after approval and forwarding by the Inspector General of Police, Gwalior Zone, clearly stated that no case whatsoever is made out against the petitioner. Thereafter, vide letter dated 02.05.2025, the Superintendent of Police, Guna approved the findings of the SIT and granted permission to file a Final Report stating that no case is made out against the petitioner. Accordingly, the Investigating Officer filed the Final Report before the competent criminal court, concluding that no sufficient evidence was found against the petitioner. The Investigating Officer also filed an application under Section 189 of the BNSS seeking release/discharge of the petitioner on the ground that no sufficient evidence was available against her. However, the said application was rejected vide order dated 01.05.2025. Thereafter, the learned Chief Judicial Magistrate, Guna, vide impugned order dated 09.05.2025, rejected the investigation report and took cognizance against the petitioner under Sections 103 and 238 of the BNSS, 2023, despite there being no evidence available on record against her. The petitioner, being aggrieved by the impugned order and the continuation of criminal proceedings despite her exoneration in the SIT report and Final Report, has filed the present petition before this Court.

4. Learned counsel for the petitioner has argued that the petitioner has suffered the tragic and irreparable loss of her only child. Arra