ASHISH KUMAR SRIVASTAVA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the charge -sheet, summoning order dated 30.01.2014, as also the entire proceedings of criminal case no. 1485 of 2014, under Section 306 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.

(2.) A charge -sheet was submitted against the applicant for the offences punishable under Section under Section 306 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the basis of an FIR lodged by respondent no. 2 against the applicant and six others on 03.01.2013, at police station, Gangnahar, Roorkee, District Haridwar.

(3.) IN the FIR, lodged by respondent no. 2, it is written that his son Devendra Kumar went to the house of his sister at Sunhera Road, Roorkee about two days before the incident. In the intervening night of 2nd and 3rd of January, 2013, Devendra Kumar (victim) committed suicide in the house of his sister. A suicide note was found from his pocket which revealed that somebody deceived him in the business of transport. Suicide note contained the names of several persons, including the applicant. The role of the applicant is mentioned in the suicide note and accordingly in the FIR. It appears that accused persons committed cheating with Devendra (victim), and the same is mentioned in his suicide note. Devendra was mentally perturbed. He used to say that the accused persons have ruined him. They compelled him (victim) to commit suicide. They also used casteist remarks against the victim.