Mayank vs The State Of Madhya Pradesh
2023 Latest Caselaw 2841 MP

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                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT I N D O R E
                                                                                BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                                                       ON THE 16th OF FEBRUARY, 2023

                                               MISC. CRIMINAL CASE No. 46336 of 2021

                           BETWEEN:-
                           1. MAYANK S/O PAWAN KUMAR PATODIA,
                              AGED ABOUT 43 YEARS, OCCUPATION:
                              BUSINESS 6-A NICCO HOUSE, 2 HARE
                              STREET, (WEST BENGAL)

                           2. PAWAN KUMAR S/O LATE SHRI KISHAN
                              PATODIA,   AGED    ABOUT   67  YEARS,
                              OCCUPATION: BUSINESS 6-A NICCO HOUSE,
                              2 HARE STREET, (WEST BENGAL)
                                                                                                                        .....PETITIONERS
                           (BY SHRI ASHISH GUPTA, ADVOCATE )

                           AND
                           1. THE STATE OF MADHYA PRADESH STATION
                              HOUSE OFFICER THR. P.S. CHOTI GWALTOLI
                              (MADHYA PRADESH)

                           2. SMT. SARITA W/O LATE SHRI RAVINDRA
                              JOSHI,  AGED    ABOUT   37   YEARS,
                              OCCUPATION: HOUSEWIFE 501, URVARSHI
                              COMPLEX, JAORA COMPOUND INDORE
                              (MADHYA PRADESH)
                                                                                                                     .....RESPONDENTS
                           (BY SHRI A. S. PARIHAR, PANEL LAWYER FOR RESPONDENT
                           NO.1/STATE AND SHRI MANISH GUPTA, ADVOCATE FOR
                           RESPONDENT NO.2/OBJECTOR )
                           ..................................................................................................................................



Signature Not Verified
Signed by: PANKAJ
PANDEY
Signing time: 20-02-2023
18:34:06
                                                             2

                                 This petition coming on for admission this day, the court
                           passed the following:

                                                         ORDER

1] Heard finally, with the consent of the parties. 2] This petition has been filed petitioners under Section 482 of Cr.P.C. for quashing the charge-sheet filed in connection with Crime No.26 of 2018 registered by Police Station Chhotigwaltoli, Indore for an offence under Section 306 and 34 of IPC. 3] The case of the petitioners is that on 18.11.2016 at around 6:30 PM the deceased Ravindra Joshi set himself on fire by pouring kerosene on his body at Regal Circle, Indore. He was immediately taken to T. Choithram Hospital, but could not be saved and on 22.11.2016 he succumbed to the injuries. During the course of investigation, the statements of the family members of the deceased were recorded, including a dying declaration in which he has stated that he is being harassed by Pawan Patodia, Anil and Mayank. 4] This petition has been filed by Pawan and Mayank Patodia, both residents of Kolkata wherein it is stated that these accused persons have taken cotton bales through the deceased and had not returned the consideration of Rs.9 crores to him, which has led him to try to set him ablaze. Dying declaration of the deceased has been recorded on 18.11.2016.

5] Counsel for the petitioners has submitted that even assuming the case of the prosecution to be correct, by no stretch of

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

imagination, it can be said that the petitioners in any way abeted the aforesaid offence or instigated the deceased to commit suicide. It is submitted that the deceased was a broker, who had procured the cotton bales for the petitioners, who are in the manufacturing business. However, as the certain bales were found to be of substandard quality, after making the payment of Rs.16 crores, the remaining payment was withheld. Counsel has submitted that the payment of 16 crores by the petitioners is sufficient to hold that they have never had the intention to cheat the deceased in any manner. 6] Counsel has also submitted that even according to the statements of the family members of the deceased, it is apparent that the dispute was regarding a business transaction only and even if the deceased was aggrieved by the action of the petitioners, he could have filed an FIR or lodged a complaint against them or could have filed a civil suit also, but instantly he choose to commit suicide, which in itself is not sufficient to hold that the ingredients of Section 306 of IPC are present in the case. In support of his submission, Shri Ashish Gupta, has relied upon a decision rendered by the this Court, Principal Seat at Jabalpur in M.Cr.C. No.8283 of 2018 (Shri Naresh Tiwari Vs. State of M.P.) dated 01.02.2019 wherein various decisions of Supreme Court have also been referred to.

7] Counsel appearing for the objector Shri Manish Gupta has opposed the prayer and it is submitted that no case for interference is made out as from the statements of the family members of the

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

deceased, it is apparent that the deceased was put on such a spot where he had no option left, but to commit suicide. It is further submitted that the cotton bales were supplied to the petitioners at the instance of the deceased only and subsequently nether the payment was made nor the bales were returned or proposed to be returned by the petitioners and since the deceased was being forced by the vendors of the cotton bales also to ensure payment of the cotton bales supplied to the petitioners, the ultimate pressure led to untimely demise of the deceased by suicide. In support of his submissions, Shri Manish Gupta has relied upon certain decisions of Supreme Court in the case of Amit Kapoor Vs. Ramesh Chander and Ors. passed in Cr.A. No.1407 of 2012 dated 13.09.2012 relevant paras of the same are 13, 18, 22, and 26 and The State of Madhya Pradesh Vs. Deepak passed in Cr.A. No.485 of 2019 dated 13.03.2019 relevant paras of the same are 11 (27.9), (27.13), 14 (19 22).

8] Heard counsel for the parties and perused the record. 9] The contention of the petitioners is that even considering the entire charge sheet, no case of abatement of suicide can be made out against the petitioners. The case of the petitioners is that they had purchased the cotton bales worth Rs.25 crores from Odisha and the deceased was only a broker in the said deal in which they have already paid a sum of Rs.16 crores but as some of the cotton bales were of inferior quality, they had to stop the payment of Rs.9 crores and the deceased was also aware of the said issue between the

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

parties and if aggrieved, he could have lodged a complaint against the petitioners or could have filed a civil suit also. Otherwise also the commission of the deceased was to be paid by the owners of the ginning mills and the petitioners cannot be held liable if the Mill owners were pressurizing the deceased. 10] From the record, it is found that the petitioners had purchased the cotton bales through the deceased Ravindra Joshi who set himself on fire by pouring kerosene on his body at Regal Circle, Indore. In his dying declaration, deceased Ravindra Gupta has alleged that he was being harassed by the petitioners, and one Anil as they were not paying Rs.9 crores towards the sale of cotton bales. These allegations have also been leveled by the family members of the deceased. The dying declaration of the deceased dated 18.11.2016 reads as under:-

                                 "ej.kklu dFku                          pkSbZFkjke gkLihVy
                                                                        bUnkSj 18-11-2016
                                                                        9%50 ih,e
                                 uke%& jfoUnz tks'kh
                                 firk%& csuhizlkn tks'kh
                                 tkfr%& czkgE.k
                                 mez%& 40 lky

fuoklh%& 501 moZ'kh dkEiysDl] tkojk dEikm.M bUnkSj iz'u%& rqEgkjs lkFk D;k gqvk gSA mRrj%& esus vkt fnukad 18-11-2016 dks yxHkx 6%00 cts vius vki dks jhxy pkSjkgs ij isVzksy Mkydj vkx yxk yhA iou iVksfn;k] vfuy] e;ad dyDRrk ds gSA rFkk bUgksus eq>ls :bZ dh x<kus ys yh FkhA 9-00 djksM :- ugha fn;kA blfy;s esus vkRegR;k rax vkdj djus dk iz;kl fd;kA iz'u%& rqe dgk gksA mRrj%& vLirky fifMr }kjk gLrk{kj ugh fd;sA iqjk 'kjhj esa iVVh yxh gSA

gLrk{kj viBuh;

18-11-2016 & 10%00ih,e"

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

11] Whereas, Sarita Joshi, the wife of the deceased Ravindra Joshi has given a detailed statement u/s.161 of Cr.P.C. Which reads as under:-

"Fkkuk NksVhXokyVksyh] bUnkSj fnukad 12-02-2018 vi dz- [email protected] /kkjk 306]34 Hkknfo uke lk{kh & lfjrk tks'kh ifr Lo- Jh jfoUnz tks'kh mez 39 lky O;olk; :bZ dh xBkuks dh nykyh fuoklh 501 moZlh dkEiysDl 3 tkojk dEikm.M bUnkSj eks-ua- 9039114179-

us iwNrkN ij crk;k fd eSa 501 moZlh dkEiysDl 3 tkojk dEikm.M bUnkSj esa ifjokj ds lkFk jgrh gwa esjh QeZ csuh izlkn dkWVu dh izksijkbZVj gwa ftls ?kj ls lapkfyr djrh FkhA ftlesa esjk dke :bZ dh xBkuks dh nykyh ,oa :bZ dh xBkuks dk bUlisDlu dk FkkA gekjh QeZ csuh izlkn dkWVu dk vkfQl dkaVkckth ftyk cksykafxj mMhlk es o"kZ 2014 es fdjk, ls yh Fkh] ogh ij jgrs Fks o ogh ls dkaVu dk lkjk dke esjs ifr jfoUnz tks'kh fd;k djrs FksA esjs ifr mMhlk dh ftfuax QSDVzh ua- 01 lkabZ laEir lhM~l uke ekfyd e/kq ckcw 02 guqeku dksVsDl uke ekfyd dsfM;k 03 ruq Jh dkaVu izkbZosV fyfeVsM uke ekfyd cyjke 04 Jh 'keys'ojh dkaVUl b.MLVzht ekfyd r:.k vxzoky 05 fl)kFkZ dksVsDl uke ekfyd fxjhjkt jkBh 06 eka eaxyk dkVal izkbZosV fyfeVsM uke ekfyd eksthjke vxzoky 07 eka 'keys'ojh dkVUl b.MLVzht ekfyd uke pwMkef.k dkaVk 08 vkse vkxZfud dkaVu izkbZosV fyfeVsM uke ekfyd vfuy caly 09 psrudqekj lq'khydqekj uke ekfyd psru vxzoky 10 dkVflV mn~;ksx uke ekfyd 'kkafryky vxzoky 11 izfrek vksfxZfud ,.M isij izkbZosV fyfeVsM ekfyd izHkkdj esgj] bu mijksDr QeksZ dh :bZ dh xBkuks dks v'kksdk efYV;ku feYl fyfeVsM fdjbZ] lqUnjx< mMhlk gsM vkfQl 06 , fuIiks 2 gjs LVzhV dYkdRrk ds ekfyd iou iVksfn;k mudk csVk e;ad o vfuy dks twu 2014 es djhc 25 djksM :i, dh :bZ dh xBkuks dks nykyh ls fnyokbZ Fkh ftlesa djhc 15 djksM :i, ikfVZ;ks ds iSls okil fn, ysfdu 'ks"k isesUV nsuk can dj fn;k Fkk rks esjs ifr us iou iVksfn;k o e;ad ikVksfn;k o vfuy ikVksfn;k ls ckj ckj :i, ekaxus ij mUgksus ,d djksM :i, vkSj fn,] fQj 9 djksM :i, cpus ij ikVksfn;k us cksyk fd fey es dke ugh gks jgk gS ftudk iSlk gS muls :dus dk cksy nks vkSj muls FkksMk le; ekaxks djhc 11 ekg ckn mDr 11 QeksZ ds ekfyd :bZ ds fodzsrkvks us esjs ifr dks ckj ckj Qksu djds ,oa dHkh dHkh bUnkSj vkdj vius cps gq, 09 djksM :i, fnyokus dh ekax djus yxs rc esjs ifr us iou ikVksfn;k e;ad ikVksfn;k] vfuy ikVksfn;k dks dydRrk Qksu djds cksyk Fkk fd cps gq, 09 djksM :i, vki tYn ls tYn ykSVkvks QSDVzh okys iSls ekax jgs gSA iou ikVksfn;k dk eksckbZy ua- 9831888851 ,oa e;ad ikVksfn;k dk eksckbZYk ua- 9831888858 gSA ikfVZ;ks ds iSls okil fnykus ds fy, esjs ifr dydRrk tkdj iou] e;ad o vfuy ikVksfn;k ls feys Fks djhc 20&25 fnu dydRrk es :ds Fks] mUgksus cksyk fd vki bUnkSj okil pys tkvks vHkh nsus ds fy, iSls ugh gS ;g ckr esjs ifr us eq>s bUnkSj vkus ds ckn crkbZ FkhA dqN le; ckn mDr 11 ikfVZ;ks es ls 01 ikVhZ vkse vkxZfud dkVu izkbZosV fyfeVsM ds ekfyd vfuy caly us dydRrk dh ikVhZ v'kksdk efYV;ku izkbZosV fyfeVsM ds f[kykQ ,oa esjs ifr ds f[kykQ /kks[kk /kMh dk dsl o"kZ 2015 es Fkkuk lnj ftyk l qUnjx< es ntZ djk;k Fkk ftldh tkudkjh iou ikVksfn;k }kjk esjs ifr dks feyh iou us esjs ifr dks cksyk fd fpark er djks odhy lc ns[k ysxk ml

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

dsl esa esjk uke gksus ds dkj.k esjs ifr ijs'kku Fks rks djhc 08&10 fnu ds fy, mMhlk x, Fks iSlks dk rdknk djus ij iou ikVksfn;k us esjs ifr dks /kedh fn;k ;g ckr eq>s ?kj vkdj crkbZ Fkh ftldk f'kdk;r vkosnui= [email protected] 2015 es iqfyl Fkkuk la;ksfxrkxat es fn;k Fkk] fQj Hkh cdk;k :i;s 9 djksM ugha feysA eksckbZy Qksu ij eq>s o esjs ifr dks /kedh nh Fkh fd ge dkSu yksx gS rqe ugha tkurs rqEgs irk Hkh ugh pysxk iwjs ifjokj dks dgka xk;c dj nsxs bl izdkj /kedh nsdj vkRe gR;k djus ds fy, etcwj fd;k ftlls rax vkdj esjs ifr us 18-11-2016 dks 'kke 18%30 cts jhxy frjkgs ij Lo;a ij isVzksy Mkydj vkx yxk yh Fkh] mudh bykt ds nkSjku Vh pkSbZFkjke vLirky es fnukad 22-11-2018 dks e`R;q gks xbZ Fkh bl izdkj v'kksdk efYV;ku ds ekfyd iou ikVksfn;k] e;ad ikVksfn;k] vufy ikVksfn;k us esjs ifr dks /kedh nsdj izrkfMr fd;k ,oa esjs ifr dks vkRegR;k djus ds fy, etcwj fd;k ftlds QyLo:i mUgksus vkRegR;k dh ;fn le; jgrs 'ks"k 0+9 djksM :i, ns nsrs rks esjs ifr vkRe gR;k ugha djrsA bl ?kVuk ls eS vkSj esjk ifjokj cslgkjk gksdj O;fFkr gS] ;gh esjk dFku gSA"

(emphasis supplied) 12] A bare perusal of the aforesaid statement also reveals that the deceased was being pressurized by the sellers of the cotton bales to ensure payment from the accused persons. This statement also reveals that the accused persons informed the deceased Ravindra Joshi that as there is no work in their mills hence ask the vendors to wait for some time and thereafter the said 11 cotton bales vendors started demanding their money from the deceased, either after coming to Indore or from phones.

13] Considering the case of the prosecution objectively, this court finds that the deceased was only acting as a broker in the deal between the petitioners from Kolkata who are the purchasers of the cotton bales, and the vendors of the cotton bales or the ginning mill owners at Odisha. There is nothing on record to show that how much brokerage the petitioner was being paid in this transaction. There is no document filed on record regarding the huge transaction in which the deceased had acted as a broker. It is also not known in

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

what manner the petitioners were pressurizing the deceased which may be said to be an act of abatement and merely a bald statement in this regard would not suffice to bring home the accused. It is also not known as to when was the last time before his death, the deceased had spoken to which of the accused persons, as no CDR or telephonic conversation is placed on record. 14] In the considered opinion of this court, non payment of money in a business transaction cannot be said to be an act of abatement of suicide. How a person deals and behaves in a particular situation differs from person to person, and depends a lot upon his or her's personal choices, attitude towards life and his surroundings.

15] This court does not doubt the mental pressure that the deceased must have reeled under while setting himself ablaze, but under the facts and circumstances of the case, he also had other choices left open to him before resorting to this extreme irreversible step, like raising a civil dispute or lodging a private complaint under Cr.P.C. Although, in every case of suicide, this can be argued that the deceased had other choices left open to him, but it depends on the nature of transaction and the material collected by the prosecution during the course of investigation and in the present case, the ingredients of abatement are altogether missing despite the dying declaration of the deceased.

16] In such circumstances, this court is of the considered opinion that the continuation of the criminal case against the petitioner

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06

would only amount to misuse of the process of the court and would result in unnecessary waste of valuable time of the court and other resources to try the accused persons.

17] The reliance placed on the decisions of Supreme Court in the case of Amit Kapoor Vs. Ramesh Chander and Ors. (supra) and in the case of The State of Madhya Pradesh Vs. Deepak (supra) by the counsel for the objector is of no avail to the objector as these judgments are distinguishable on facts. 18] In view of the same, the charge sheet filed against the petitioners is hereby quashed and the petitioners are hereby discharged from the offences registered against them. The petition stands allowed.

(Subodh Abhyankar) Judge

Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 20-02-2023 18:34:06