SAMIR BIPINBHAI MARADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is shown as accused No.1 in the First Information Report registered on 26/6/2020 bearing No.11213021200558 of 2020 with Jasdan Police Station, District Rajkot Rural under Ss. 306, 506(2) and 114 of the Indian Penal Code. The applicant herein has prayed for quashing of the impugned First Information Report qua him.

(2.) The applicant states that he has the authority over Chimanlal Premchand Shah Petrol Pump stationed at Village Jasdan. The prosecution states that the deceased was working as Mehtaji at the said Petrol Pump near old bus stand during day hours and in the night shift was working at Surya Petrol Pump. The applicant states that he has been wrongly implicated in the complaint and no offence as alleged has been made out to invoke the provisions of Ss. 306, 506(2) and 114 of the Indian Penal Code.

(3.) Learned Advocate Mr. Pratik Barot for the applicant submitted that the deceased was working as a Manager- cum-Mehtaji at Chimanlal Premchand Shah Petrol Pump and the deceased was having custody of the key of the cupboard and was in possession of the cash amount of the Petrol Pump. When it was found that the deceased had gone away with the key of the cupboard, it is submitted by learned Advocate for the applicant, that the applicant alongwith others had gone to the house of the deceased where they met the father of the deceased, who is the complainant in this case, to enquire about the key of the cupboard. As per the allegations, the persons who visited the house of the complainant searched the house for the key but since they could not find the key nor the deceased, they asked the complainant (father of the deceased) to bring back his son alongwith the key, learned Advocate Mr. Barot submitted that such act was only with an intention that the regular management of the Petrol Pump does not get disrupted. It is further submitted that thereafter, the applicant heard that the son of the complainant had committed suicide by hanging himself from the branches of a neem tree near Jasdan Railway Station. It is also submitted that the narration of facts do not disclose any direct or indirect contact of the applicant with the deceased to have instigated or abetted the commission of the suicide. Learned Advocate Mr. Barot submitted that demanding the key of the cupboard for the administration of the petrol pump would not amount to instigation or incitement to push the case under Sec. 306 read with Sec. 107 of the Indian Penal Code.