New Delhi (ILNS): Delhi’s Rohini Court has set aside an order summoning Haryana MLA and businessman Gopal Goyal Kanda and his former associate Aruna Chadha in the Abetment to suicide case of flight attendant Geetika Sharma’s mother.
Kiran Gupta Additional Session Judge 3 of the North West District, Rohini Court, noted: “…it is evident that the negative final report was filed by the police after investigation and after examining the family members.”
The revision petition has been filed by Kanda and his associate seeking the quashing of the impugned order alleging that
“…the Ld. MM has without considering the fact that there was nothing on record to support the allegation of abetment to suicide against both the petitioners either in the suicide note or in the statement of the witnesses, has wrongly rejected the closure report and had taken the cognizance of the offense on the mere oral statement of the husband of the deceased.”
The counsel appearing for the petitioner submitted that there is not even a single complaint by any family member of the deceased against any of the accused persons in this regard. “Further, there is no legal evidence to show that the accused instigated or abetted the suicide of Smt. Anuradha,” the counsel said.
“Even in the statement of the family members u/161 Cr.P.C, they have not leveled any allegation of inducement /abetment against any of the petitioners”, he added.
However, the Additional Public Prosecutor appearing for the State submitted that the revision petition is not maintainable as there is no perversity or irregularity in the impugned order.
The bench allowing the revision petition noted that the impugned order whereby both the accused persons have been summoned for the offense under section 306 (Abetment to Commit Suicide) /34 (Common Intention) IPC is set aside.
Read the order here;aruna-chadha-and-gopal-goyal-kanda-order