MADAN MOHAN SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP, Mr.K.T.Dave, and learned advocate Mr.Yatin Oza waive service of rule on behalf of respondent No.1 and respondent No.2 respectively.

(2.) THE petitioner has preferred the present application under Section 482 of the Criminal Procedure Code; wherein, a prayer has set out in the paragraph No.7 of the petition to quash and set aside the FIR registered as C.R.No.I.166 of 2008 with Naranpura Police Station against the petitioner and all other proceedings arising out of the said FIR.

(3.) THE learned advocate submitted that FIR is filed for the offences punishable under Sections 306, 294(b) of the Indian Penal Code. The petitioner was serving as a Divisional Engineer in Department of BSNL at Micro -wave Building, Ahmedabad and is now transferred to Mumbai. One Shri Deepakbhai Krushnalal Joshi (herein after referred to as the deceased) was serving as a Driver in the Office of BSNL since last 26 years. The deceased was the husband of the present respondent No.2 - Complainant. The deceased was driving the vehicle of Divisional Engineer at Ahmedabad since last about 10 to 15 years. He committed suicide on 21.2.2008 in the Car. The respondent No.2 lodged the FIR against the petitioner on 17.3.2008 for offence punishable under Sections 306 and 294(b) of the Indian Penal Code. It is alleged in the compliant that the deceased -husband had undergone by -pass surgery in the year 2002 and was advised not to do any hard work.