NARENDRA KUMAR MISHRA Vs. PRAMILA JOSHI

JUDGEMENT

(1.) THE applicants, by this petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity "Code") have prayed for quashing the entire criminal proceedings pending before the Learned Judicial Magistrate 1st Class, Jagdalpur in Criminal Case No. 1945/98.

(2.) BRIEFLY stated facts necessary for adjudication of this petition are that Respondent No. 1 Smt. Pramila Joshi, widow of Late P.D. Joshi, filed a complaint under Section 306 of the Indian Penal Code (for short 'IPC') before the Chief Judicial Magistrate, Jagdalpur averring therein that her husband Late P.D. Joshi was Stenographer in the office of Additional Director, Agriculture, whereas, applicant No. 1 herein was the Joint Director and In-charge Additional Director; applicant No. 2 was working as Auditor in the office of Additional Director, Agriculture. Applicant No. 2 herein made a false complaint against her husband to the Prime Minister, Secretary, Director (Agriculture) and Commissioner, Bastar Division as also to the applicant No. 1 herein, which was filed after due enquiry, as the same was found baseless and false by the Vigilance Commissioner on 29.5.1997. Her husband was honorable and reputed person. There was no adverse entry in his confidential report. He filed an application to the Additional Director, Agriculture on 1.4.1997 and had sought permission to disclose the corruption of applicants herein, however, instead of according permission, he was harassed in various ways and thereafter he was transferred to Ambikapur contrary to the rules of the State Government. Referring to the alleged irregularities committed by the accused persons, it has been alleged in the complaint that because her husband intended to disclose these irregularities, he was harassed and thereafter transferred and because of mental torture perpetrated upon her husband by the applicants, he was compelled to take extreme step of committing suicide. The complainant made various complaints against the applicants, however, no offence was registered. Thus, the applicants are responsible for subjecting her husband to mental and physical harassment and thereby they abetted her husband to commit suicide as a result of which deceased P.D. Joshi attempted to commit suicide on 15.10.1997 by consuming poison and therefore, he was admitted in the hospital where he gave dying declaration on 15.10.1997, however, he died on 9.1.1998.

(3.) LEARNED Senior Advocate for the applicants argued that deceased P.D. Joshi attempted to suicide on 15.10.1997, he was hospitalized, however, he was completely cured and discharged from the hospital and thereafter he died natural death on 9.1.1998. A criminal case number 402/97 under Section 309 of the IPC was registered against the deceased P.D. Joshi and charge sheet was filed on the basis of which Criminal Case No. 329/97 is pending against him. There is no evidence that the deceased died unnatural death because of consuming poison. Grievance of the deceased, as mentioned in the complaint, relates to official work performed by him. If he was aggrieved by any of the action of the applicants, it was open to him to take recourse to complain to the higher officer or file appropriate petition before the Administrative Tribunal for his grievances. The police in its report submitted to the Chief Judicial Magistrate under Section 156(3) of the Code have categorically mentioned that P.D. Joshi was suffering from blood-pressure, he had consumed excessive dose of sleeping pills for which he was admitted in the hospital, however, his life was saved and he was fully cured and he died natural death on 9.1.1998 at his Village Titurgaon. It was further argued that even if the allegations present in the complaint are accepted, the same does not constitute offence punishable under Section 306 of the IPC.