Sachin Agrawal vs The State Of Madhya Pradesh
2022 Latest Caselaw 6981 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                           MCRC No. 23359 of 2022
              (SACHIN AGRAWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 09-05-2022
      Shri Sameer Kumar Shrivastava, learned counsel for the petitioner.

      Shri Kuldeep Singh, learned Public Prosecutor for the respondent/State.

Petitioner who is working as Assistant Grade - II in School Education Department has preferred this petition against the order dated 05.04.2022 passed by IV Additional Sessions Judge, Shivpuri by which application under Section 197 of Cr.P.C. filed before the trial court has been rejected.

It is the submission of the learned counsel for the petitioner that petitioner is facing trial for offence under Section 306 of the IPC because of suicide committed by one Vrandawan Sharma who was working as Accountant in the office of District Education Officer, Shivpuri when petitioner was posted there as Assistant Grade-II. Reason of suicide was that deceased was facing suspension and departmental inquiry because of his alleged lethargic work and indisciplined disposition. He wrote suicide note wherein he levelled certain allegations against the higher officers for his predicament. Therefore, according to the learned counsel for the petitioner, since petitioner was working as

Assistant Grade-II, he was witness in departmental inquiry to be conducted against the deceased, therefore, falsely implicated and that too in capacity as Public Servant. Counsel relied upon the judgment rendered by the Hon'ble Apex Court in the case of Vaijnath Kandiba Khandke Vs. State of Maharashtra and others reported in (2018) 7 SCC 781 in support of his submission.

Incidentally, suspension order was passed by the Collector District

Shivpuri and not by the present petitioner. Therefore, no personal element was involved in the present case. Petitioner complied with the order passed by the higher officer only. He was performing his duties as public servant, therefore, protection under Section 197 of Cr.P.C. is imperative.

Heard.

Issue notice to the respondents on payment of process fee within seven working days through registered A.D. as well as ordinary mode, returnable within four weeks.

Intimation be given to the complainant/son of deceased for appearance, if advised, so on the next date of hearing.

Till next date of hearing, proceedings pending before the trial court so far as the present petitioner is concerned, shall remain stayed.

List the matter after service on respondents in the month of July, 2022 alongwith MCRC 26947/2020.

C.C. as per rules.

(ANAND PATHAK) JUDGE

Rashid

RASHID KHAN 2022.05.09 19:06:28 +05'30' 11.0.8