C482/375/2017 of Sumit Sharma Vs State Of Uttarakhand AND ANOTHER
Parties
- Mr. S.S.Adhikari, Brief Holder for the State/respondent no.1 (PETITIONER)
- Sumit Sharma under Section 306 of I.P.C arising out of case crime no. 62/2016, P.S Vikasnagar, District Dehradun (RESPONDENT)
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Statutes cited (3)
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C482 No.375 of 2017
Hon’ble U.C. Dhyani, J.
None
Mr. Lokendra Dobhal, Advocate for the petitioner.
Mr. S.S.Adhikari, Brief Holder for the State/respondent no.1.
By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet dated 18.07.2016 and the cognizance order dated 15.11.2016 passed by the Judicial Magistrate Vikasnagar, Dehradun in Criminal Case No. 616/2016 State vs. Sumit Sharma under Section 306 of I.P.C arising out of case crime no. 62/2016, P.S Vikasnagar, District Dehradun.
Applicant is the husband of victim, who committed suicide. It is case of custodial death in which case has been registered against the applicant for the offence punishable under Section 306 of I.P.C. The provision of Section 113 of the Evidence Act goes against the applicant, although, it is the submission of learned counsel for the applicant that the victim died in her parental home and there was no abetment to commit suicide. She died of hanging.
The scope of interference of this Court under Section 482 of Cr.P.C has been highlighted by Hon’ble Supreme Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330 and Amit Kapoor vs. Ramesh Chander and another, 2013 (1) SCC (Crl) 986.
After arguing the application under Section 482 Cr.P.C. at some length, learned counsel for the applicant confined his prayer only to the extent that some time may be granted to the applicant to surrender before the Magistrate concerned and the Court below be directed not to take any coercive measures against him and his bail application be decided at an earliest possible in accordance with law.
The application under Section 482 Cr.P.C. is disposed of by directing that the applicant shall surrender before the Magistrate concerned within four weeks from today. No coercive measures shall be taken against the applicant for period of four weeks from today. If the applicant surrenders before the Magistrate concerned within the stipulated time and files bail application, the same shall be decided by the Magistrate concerned as expeditiously as possible and without unreasonable delay in accordance with law.
(U.C. Dhyani, J.)
21.03.2017