Madhya Pradesh High Court
Rahup @ Rahupa Khan vs The State Of Madhya Pradesh on 15 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 15th OF MARCH, 2023
MISC. CRIMINAL CASE No. 38324 of 2022
BETWEEN:-
1. SRAHUP @ RAHUPA KHAN S/O SHRI
NASIR KHAN, AGED ABOUT 35 YEARS,
OCCUPATION: LABOUR 116A SINDHI
COLONY (MADHYA PRADESH)
2. UDAYBHAN SINGH JADON S/O LATE SHRI
AJMER SINGH JADON, AGED ABOUT 63
YEARS, HN 88, SINDHI COLONY, LASHKR,
GWALIOR (MADHYA PRADESH)
........APPLICANTS
(BY SHRI RAVI DWIVEDI- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
INCHARGE POLICE STATION
THROUGH POLICE STATION
MADHOGANJ (MADHYA PRADESH)
2. USHA INGLE W/O LATE SHRI LAXMAN
RAO INGLE, AGED ABOUT 55 YEARS,
CHITNIS KI GOTH ROXY TALKIES,
LASHKAR, GWALIOR
(MADHYA PRADESH)
........RESPONDENT
(BY SHRI AWADHESH PRATAP SINGH SISODIYA-ADVOCATE FOR
RESPONDENT NO.2.)
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This petition coming on for hearing this day, the Court passed the
2
following:
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ORDER
This petition under Section 482 of CrPC for quashing of the entire
proceedings of case No. 189/2022 pending before Fourth Additional
Sessions Judge Gwalior arising out of crime No. 389/2021 registered at
Police Station Madhoganj District Gwalior for the offence punishable
under Section 406, 306, 34 of IPC.
In brief case of the prosecution is that Police Station Madhoganj
received an information that deceased Laxman Ingle committed suicide by
hanging himself. Merg No.11/21 under Section 174 CrPC was recorded
which was inquired. The dead body of the deceased was lying down on the
second floor of the house of one Ashish Gupta Advocate. There was a rope
around the neck of deceased and a part of the rope was found tied with the
ceiling fan. Wife of the deceased Smt. Usha Ingle had cut the rope. The
said rope was seized by the Police. Dead body panchnama was prepared.
Dead body was sent for postmortem. Accused Pravesh by using the ATM
card of the deceased withdrew Rs.80,000/- at different times. He alongwith
other co-accused got the ATM card of the deceased. Complaint was
lodged by the wife of deceased and one Hemant Ingle that due to money
transactions and non-returning of his ATM card, deceased committed
suicide. The allegation against present applicants is that they borrowed
money to the deceased on interest and were demanding a huge sum of
money from the deceased due to which they used to harass the deceased
physically and mentally as a result of which deceased committed suicide.
Learned counsel for the petitioner contended that prima facie on the
facts and evidence as adduced by the prosecution in the case, no offence
under Section 306 and 406 of the IPC is made out against the
applicants/accused as there is no evidence on record to show that the
applicants in any manner committed breach of trust with the deceased and
instigated, aided or provoked the deceased to commit suicide. Learned
counsel for the petitioner has relied upon the judgments passed by the
Apex Court in the case of Netai Dutta Vs. State of West Bengal [(2005) 2
SCC 659] and Sanju @ Sanjay Singh Sengar Vs. State of M.P. [(2002)
5 SCC 371] and contended that the applicants have not committed any
willful act or omission or intentionally aided or instigated the deceased in
committing the act of suicide. There is no case that the applicants have
played any part or any role in any conspiracy which ultimately instigated
or resulted in the commission of suicide by deceased .
Learned counsel for the respondent No.2 has submitted that the
grounds raised on behalf of the applicants do not warrant the interference
of this Court to quash the impugned case. It is also submitted that by a
long course of decisions rendered by the Apex Court, it is settled that for
the purpose of exercising power under Section 482 of CrPC. to quash FIR
or complaint, the Court would have to proceed entirely on the basis of
allegations made in the complaint and documents accompanying the same,
per se, it has no jurisdiction to examine the correctness or otherwise of the
allegations, as while exercising power under Section 482 CrPC, the court
does not function as a court of appeal or revision and mini trial is not
supposed to be conducted by this Court. He placed reliance upon the
judgments of the Supreme Court in case of State of Uttar Pradesh & Anr.
v. Akhil Sharda 2022 SCC OnLine SC 820, the relevant portion of which
is reproduced below:-
"7. Having gone through the impugned judgment and order passed by the
High Court by which the High Court has set aside the criminal
proceedings in exercise of powers under Section 482 Cr.P.C., it appears
that the High Court has virtually conducted a mini trial, which as such is
not permissible at this stage and while deciding the application under
Section 482 Cr.P.C. As observed and held by this Court in a catena of
decisions no mini trial can be conducted by the High Court in exercise of
powers under Section 482 Cr.P.C. jurisdiction and at the stage of deciding
the application under Section 482 Cr.P.C., the High Court cannot get
into appreciation of evidence of the particular case being considered. "
After hearing learned counsel for both the parties, perusing the
documents available on record and keeping in mind the law laid down by
the Hon'ble Apex Court in Akhil Sharda (supra), this Court is not
inclined to exercise its inherent jurisdiction under 482 Cr.P.C. in the
present case.
Accordingly, present petition stands dismissed.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally
signed by
ojha YOGENDRA
OJHA
Date:
2023.03.16
17:28:45
+05'30'
