Allahabad High Court
Buddhu @ Budhi Ram And 2 Others vs State Of U.P. And Another on 12 August, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
Court No. - 18 Case :- U/S 482/378/407 No. - 3175 of 2010 Petitioner :- Buddhu @ Budhi Ram And 2 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- M.S. Siddiqui Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioners, learned A.G.A. for opposite party no.1 and perused the material on record.
The submission of the petitioners' counsel is that even accepting the allegation of the prosecution case, no commission of offence of section 306 I.P.C. is, prima facie, made out against the petitioners. It has been pointed out that, according to the prosecution version, the deceased had deserted his wedded wife, sold his share in the property and gave the money to petitioner no.2 and her parents and without marring with petitioner no.2 insisted her to go along with him and when she refused, he consumed some poison substance as a consequence thereof he died. The contention is that on the basis of the alleged circumstances, the petitioners cannot be said to have committed the offence of abetment in the commission of suicide by the deceased.
Issue notice to opposite party no.2 returnable at an early date.
Counter-affidavit may be filed within a period of four weeks. Rejoinder- affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Till the next date of listing, further proceedings in Criminal Case No.3259 of 2009 relating to Case Crime No.220 of 2009 under section 306 I.P.C., Police Station Bheethi, District Ambedkar Nagar, pending in the Court of Judicial Magistrate, Ambedkar Nagar, shall remain in abeyance.
Order Date :- 12.8.2010 ank