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Judgment
Sudhanshu Dhulia, J.—Heard Mr. M.C. Pandey, Senior Advocate assisted by Mr. Davesh Upreti, Advocate present for the petitioner and Mr. V.K. Gemini, learned Dy. Advocate General assisted by Mr. Kuldeep Singh Brief Holder present for the State of Uttarakhand/respondent Nos. 1 & 2. Present petitioners are father-in-law, mother-in-law and other relatives of the deceased Prabha Bhatt who allegedly committed suicide on 28.06.2015 at matrimonial residence by consuming poison. It is also alleged that she had administered poison to herself as well to her six years old minor daughter who is presently in critical condition and is in I.C.U. at local hospital at Haldwani.
Background of this case is that deceased was married to the son of the petitioner No. 1 and petitioner No. 2 in December, 2007. Thereafter, their son i.e. husband of the deceased went missing from Haldwani on 03.02.2015. His dead body is recovered from railway station at Amritsar on 10.02.2015. His wife since then was under depression. There are reports that she was being treated by a psychiatrist at Haldwani. The information that their daughter has committed suicide was given to the parents of the deceased on 28.06.2015 itself who came there immediately from Bareilly. Thereafter, they lodged present FIR implicating all the in-laws which has been registered as Case Crime No. 121 of 2015 under Sections 306 IPC, at Police Station Haldwani, District Nainital.
Considering the overall facts and circumstances of the case, an interference is called for in the matter.
As an interim measure, it is provided that though the investigation may go on against the petitioners, but petitioners shall not be arrested nor any coercive measures shall be taken against them till the next date of listing or till the filing of the charge sheet whichever is earlier, in pursuance of Case Crime No. 121 of 2015 under Sections 306 IPC, at Police Station Haldwani, District Nainital
Issue notice to respondent No. 3. Steps to be taken within a week.
Learned State counsel shall file counter affidavit within three weeks.
List this petition after four weeks.
However, it is made clear that the above relief is subject to the cooperation of the petitioners in the investigation. In case, the petitioners do not cooperate in the investigation, it will be duty of the respondents to bring this fact to the notice of this Court so that appropriate orders be passed. Stay application stands disposed accordingly.