JAYPRAKASH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been preferred by the Petitioner seeking for quashment of the FIR registered as Crime No. 397 of 2015 on 31/7/1015 at Police Station Ambikapur, so far as the Petitioner is concerned,.

(2.) Learned Counsel for the Petitioner submits that for proper adjudication of the case the narration of the facts would be necessary. As per the facts of the case on 26/6/2015 one Prashant Agrawal, a Chartered Accountant, is said to have had made a telephone call to the deceased Rajiv Ranjan Jayaswal, who was an Income Tax Officer posted at Ambikapur office of Income Tax Department. It is said that from the said telephone call he had made certain allegations against the deceased Income Tax Officer and was harassing him at regular intervals thereafter. Subsequently, it is said that the Petitioner is said to have joined hands with the said Prashant Agrawal to harass the deceased and which led to the deceased committing suicide on 3/7/2016 by hanging himself at his residence.

(3.) Learned Counsel for the Petitioner submits that if the entire charge- sheet dtd. 23/11/2016 is perused and minutely observed even then without adding and subtracting of any of the contents in the charge-sheet the offence under Sec. 306 of IPC is not made out against the Petitioner. According to the Counsel for the Petitioner, for making out an offence under Sec. 306 of IPC the necessary ingredients of abetment as defined under Sec. 107 of IPC is not available. According to him, there is no iota of evidence showing any sort of instigation or incitement of committing any act which led to the deceased committing suicide. Thus the Petitioner is not in any manner related to the act of suicide committed by the deceased and he should be discharged from the said case and his name ought to have been deleted from the FIR.