Court No. - 49
Case :- APPLICATION U/S 482 No. - 24888 of 2018 Applicant :- Deepak Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.,Rahul Kumar Tyagi
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge dated 04.06.2018 framed by Sessions Judge, Meerut in Session Trial No. 26 of 2018 (State Vs. Deepak Gupta), under Section 306 I.P.C., Police Station- Medical College, District- Meerut, pending in the court of Sessions Judge, Meerut whereby the following charges have been framed against the applicant:
"That some time before 2:50 P.M. on 04.10.2017 and inside of your house bearing no. 396, Shastri Nagar, within the circle limits of Police Station Medical (Meerut) you abetted Smt. Monica to commit suicide and on your such abetment Smt. Monica committed suicide, and you, thereby, committed an offence punishable under Section 306 of the Indian Penal Code and within my cognizance.
In alternative
That on the said time, date and place you intentionally killed Smt. Monica by having her from a ceiling fan inside a room by means of a rope and you thereby committed an offence of culpable homicide amounting to murder, punishable under Section 302 of the Indian Penal Code and within my cognizance."
The solitary argument advanced by learned counsel for the applicant is that the applicant having been first charged with having abetted the suicide of the deceased, he could not have been charged with the murder of the deceased, in the alternative.
Reliance has been placed on the reported judgment of this Court in the case of Brajesh Vs. State of U.P. reported in 2001 (43) ACC 564 and two unreported decisions of this Court in Application U/S 482 No. 19126 of 2010 dated 23.07.2010 and Application U/S 482 No. 22069 of 2016 dated 26.07.2016.
In the latter two decisions, following the decision in the case of Brajesh Vs. State of U.P. (supra) this Court has categorically held that the two charges under Sections 306 and 302 IPC cannot run parallely.
Following the aforesaid decisions of this Court, the charge order dated 04.06.2018 framed by Sessions Judge, Meerut cannot be sustained. It is hereby set aside. However, it is left open to the learned court below to reconsider and frame such charge as may appear to be proper to that court.
In view of the above, the present application is disposed of.
Order Date :- 26.7.2018 Abhilash