Explore the recent judgement by the Delhi High Court concerning the disposal of an application for further investigation in a FIR. This case involved the State filing charges against Respondent No. 2 for the offence under Section 306 of the IPC, based on a complaint by the victim’s sister. The court’s decision sheds light on the intricacies of the legal process in such cases. #DelhiHighCourt #JudicialDecision
Facts
- The petitioner filed an application under Section 173(8) of the CrPC for further investigation in the FIR.
- The chargesheet was filed by the State against Respondent No.2 for the offence under Section 306 of the IPC, holding them responsible for the victim’s death.
- The FIR was initiated based on a complaint by the victim’s sister, the petitioner, accusing Respondent No. 2 of instigating the victim to commit suicide by consuming poison.
- The application under Section 173(8) of the CrPC has been disposed of.
Arguments
- The learned counsel for the petitioner argues that the concerned chats indicate that the deceased victim had consumed poison, as seen in WhatsApp chats between the petitioner and the victim.
- He points out that the report from the Trial Court suggests the possibility of the offence under Section 302 of the IPC.
- The counsel contends that the charges in this case should have been framed under Section 302 of the IPC.
- The learned counsel representing the accused argues that even considering the allegations at their most severe, there is no case of offense under Section 306 of the IPC against 20.
Decision
- The learned APP for the state emphasized the importance of any evidence related to Section 302 of the IPC
- The court will consider such evidence in future proceedings
- The petition has been disposed of based on the arguments presented
Case Title: SUMAN MALHOTRA Vs. STATE (GOVT. OF NCT OF DELHI) & ANR. (2024:DHC:3855)
Case Number: CRL.M.C.-3782/2024
