Madhya Pradesh High Court
Arun Kumar Shrivastav vs The State Of Madhya Pradesh on 17 June, 2021
Author: Atul Sreedharan
1 CRR-1751-2019
The High Court Of Madhya Pradesh
CRR-1751-2019
(ARUN KUMAR SHRIVASTAV Vs THE STATE OF MADHYA PRADESH)
CRR/02307/2018, MCRC/11151/2019
3
Jabalpur, Dated : 17-06-2021
Heard through Video Conferencing.
Mr. R.S. Yadav, learned counsel for the appellant. ( CrR No.
1751/2019).
Mr. Mohammad Amjad Ansari, learned counsel for the applicant. (
CrR No. 2307/18).
Shri Rajkamal Chaturvedi, learned counsel for the petitioner. (
11151/2019).
Mr. Piyush Bhatnagar, learned Panel Lawyer for the respondent/State.
Heard on I.A.No. 6320/2019, which is an application for condoning
the delay in filing the revision.
For the reasons stated therein, the application is allowed and the delay
in filing the revision is hereby condoned.
The charge has been framed against the present petitioners by the
learned court below vide order dated 06-04-2018 for the offence under
Section 306 of IPC by holding that prima facie, the case is made out against
the petitioners, in view of the witnesses statement and the material collected
during investigation.
Learned counsel for the State has opposed the closure of the case and
has supported the impugned order by submitting that at the stage of framing
charges, all that the court needs to examine, if whether a prima facie, case is
made out and if so,the defence of the petitioners, is to be examined during the
course of trial.
Learned counsel for the State further submits that the suicide note was
recovered, in which the deceased has taken the names of the petitioners
herein and attributed role to them.
Signature Not Verified
Learned counsel for the petitioners on the other hand have drawn the
SAN
Digitally signed by PARMESHWAR GOPE
Date: 2021.06.21 13:05:14 IST
2 CRR-1751-2019
attention of this court to the order passed by a Co-ordinate Bench dated 01-
02-2019 by which, a 482 petition filed by co-accused Narendra Tiwari was
allowed and the case against him was quashed. The order passed by the
learned Co-ordinate Bench is a detailed speaking order which has taken into
considerations various judgments passed by Hon'ble the Supreme Court on
the subject of abetment and in paragraph-7 has held that the suicide note only
reveal that the petitioners are pressurizing the deceased for repayment of a
loan amount. It was also considered and held by the learned co-ordinate
Bench that the deceased, who committed suicide was hypersensitive to
ordinary petulance extra-ordinary differences in domestic life. In paragraph-9,
the learned Co-ordinate Bench has referred to the judgments passed by this
court and held that if the instigation for the commission of suicide is not
known by the prosecution then, charge under Section 306/34 of IPC cannot
be framed.Thereafter, the entire charge-sheet against the co-accused was
quashed.
Under the circumstances, the case of the present petitioners being no
different from the co-accused Naresh Tiwari, whose 482 petition was allowed
and the charge-sheet against him was quashed, on the grounds of parity, the
impugned order passed by the learned court below dated 06-04-2018 passed
in ST No. 10/18 ( State of M.P. Vs. Naresh Kumar Tiwari and others) is set
aside and the petitioners are discharged.
As far as M.Cr.C No. 11151/2019 is concerned, the entire charge-sheet
and the proceedings against the petitioner is quashed.
Certified copy as per rules.
(ATUL SREEDHARAN)
JUDGE
PG
Signature Not Verified
SAN
Digitally signed by PARMESHWAR GOPE
Date: 2021.06.21 13:05:14 IST
