Roshan Patel vs State Of Odisha
2023 Latest Caselaw 473 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.3854 of 2015

               Roshan Patel                           ....             Petitioner
                                         Ms. Agnisikha Ray, Proxy Counsel on
                                            behalf of Mr. L.N. Patel, Advocate

                                            -versus-
               State of Odisha                         ....       Opposite Party
                                                        Mr. S. K. Mishra, ASC

                          CORAM:
                          JUSTICE M.S. RAMAN

                                          ORDER

13.01.2023 Order No.

11. 1. Challenging the criminal proceeding/F.I.R. pending before the Learned S.D.J.M., Kuchinda in G.R. Case No.105 of 2015 arising out of Kuchinda P.S. Case No.29 of 2015, by way of the present petition filed under Section 482 Cr.P.C., the Petitioner has placed fact that it is the allegation of prosecution that on 24th February, 2015 at 5.30 P.M., one Ushabati Patel (wife of Late Rameshwar Patel of Purunipani, Sambalpur) lodged F.I.R. against the Petitioner before Kuchinda P.S., and stated that her younger daughter had become seriously ill while she was staying with her elder daughter and being shifted to Kuchinda Hospital by her brother-in-law, she succumbed to death on account of poison. It is also stated by Smt. Ushabati Patel, the mother of the deceased in the F.I.R., that a hand written letter (suicide note) was found in the deceased-daughter's box, wherein the name of the Petitioner, namely, Roshan Patel and one Nirmal Naik were // 2 //

found. They are alleged to be responsible for her daughter's death.

2. Ms. Agnisikha Ray, proxy counsel appearing on behalf of Mr. L.N. Patel, learned counsel for the Petitioner submitted that there is no role on the part of the Petitioner for the death of deceased and the material on record does not suggest the petitioner is liable for abetment of suicide of the deceased under Section 306, IPC. The Petitioner is falsely implicated in this case. She also relied on a judgment dated 12th August, 2010 of Hon'ble Supreme Court of India in the case of S.S. Chheena v. Vijay Kumar Mahajan & Another, (2010) 47 OCR (SC) 376 and contended by referring to para 28 of the judgment that 'abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained'.

3. Mr. S.K. Mishra, learned Additional Government Advocate submitted that during the pendency of the CRLMC on 16th November, 2022, charge-sheet (final form) has come to be filed before the learned S.D.J.M., Kuchinda. He placed reliance on the following contents as reflected in the charge-sheet:-

"*** From CDR, it is ascertained that the deceased was talking with Roshan Patel and Nirmal Naik, hour together. Accd. Nirmal Naik S/o- Jailal Naik of village Gochhapali, PS-Katarbaga has surrendered before Hon'ble Court on dated.15.09.2015 and released on bail. Received

// 3 //

orders from High Court, Odisha, Cuttack vide CRLMC No.3854 of 2015 that no coercive action shall be taken against the Petitoner/accd. Roshan Patel (26) S/o-Harisankar Patel village-Laida PS- Katarbaga dist. Sambalpur. Submitted details investigation report to SP Sambalpur. Received orders from SP Sambalpur vide VHF msg no.7156/DCRB-CR dated 27.10.2020 to submit CS u/s. 306 IPC against Roshan Patel (26) S/o- Harisankar Patel village-Laida PS-Kuchinda dist. Sambalpur 2. Nirmal Naik(29) S/o-Jailal Naik, village Gochhapali PS-Katarbaga dist. Jharsuduga showing accd. Sl. 1 as not arrested vide CRLMC No.3854 of 2015 of Hon'ble High Court, Odisha, Cuttack.

From the fact and circumstances there is ample evidence u/s 306 IPC against accd. Roshan Patel (26) S/0o-Harisankar Patel village-Laida PS- Kuchinda dist. Sambalpur 2. Nirmal Naik(29) S/o- Jailal Naik, village-Gochhapali PS-Katarbaga dist.Jharsuguda. Hence submitted vide Kuchinda PS CS No.224 dt.24.10.2020 to stand their trail in the court of law."

4. Perusal of Case Diary as furnished by Mr. S.K. Mishra, learned Additional Standing Counsel during the course of hearing, it is revealed that during the investigation statements of many witnesses have been recorded which shows involvement of the Petitioner, Roshan Patel.

5. Vide order dated 27th August, 2015, this Court was directed no coercive action against the Petitioner. More than seven years since then and the charge-sheet could be filed in this matter in 2022. Since the name of the Petitioner appears along with Nirmal Naik and material have been collected by the Police during

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investigation, this Court is not inclined to show any indulgence to quash the proceeding. The proposition of law is set forth at Para 28 of the Judgment of Hon'ble Supreme Court in S.S. Chheena (supra) is subject-matter of outcome of trial. The Petitioner may co-operate with the trial by taking appropriate steps.

7. In view of the above situation, keeping this matter pending any further would not serve any fruitful purpose. Hence, this CRLMC is dismissed and interim order dated 27th August, 2015 passed by this Court stands vacated.

8. A copy of this order be communicated to the Court concerned forthwith.

(M.S. Raman) Judge Laxmikant