ASHISH CHAUDHARY Vs. STATE

JUDGEMENT

(1.) THESE two petitions filed by the petitioners seeks quashing of the charges framed against them under Section 306/34 IPC in case FIR No. 382/2005 registered at P.S. Sadar Bazar, on the basis of a complaint lodged by Smt. Anju Jain the mother of deceased Amit Jain, who committed suicide on 24.11.2005, after leaving a suicide note alleging that the petitioners are responsible for his death because some of them compelled him to return the loan taken by him even though they had been charging exorbitant rate of interest paid by the deceased. Regarding Ashish Chaudhary he alleged that Ashish took a loan from the deceased but failed to return the same.

(2.) THE Learned Additional Session Judge vide his orders dated 21.08.2007, ordered framing of charges against the petitioners under Section 306/34 IPC and vide his order dated 22.10.2007 directed framing of the charges. Both these orders are subject matter of challenge in the aforesaid review petitions.

(3.) ACCORDING to the respondents the charges have been rightly framed as there was material available on record against the petitioners in the form of complaint made by the mother of the deceased, statement of the witness recorded during the course of investigation and the suicide note left by the deceased. It is submitted that at the stage of framing of charge, only a prima facie view has to be taken by the Learned Judge and the defence of accused is not to be seen. Even if the allegations made may not result into conviction finally, it is not justified to discharge the accused at the stage of framing of the charge. As such, it is prayed that the revision petition by the petitioners are dismissed.