RAJKUMAR MADHABHAI VEGDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE facts of the case stated briefly are that the respondent No.2 - first informant had lodged a complaint against the petitioners herein alleging commission of the offence punishable under Sections 306 and 114 of the Indian Penal Code, which came to be registered as a First Information Report vide Jetpur City Police Station I - C.R. No.29/2008. It is quashment of this First Information Report which is sought for by way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code).

(2.) HEARD Ms.Kruti M. Shah, learned advocate for the petitioners, Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent No.1 - State of Gujarat and Mr.Bhavesh Trivedi, learned advocate for the respondent No.2 - first informant.

(3.) MS .Kruti Shah, learned advocate for the petitioners has submitted that the petitioners are absolutely innocent persons who have been falsely implicated at the instance of one Police Inspector who was nursing a grudge against the present petitioners and had many times threatened that he would file false case against them. It is submitted that a perusal of the First Information Report makes it amply clear that the main allegations are against the Sandesh Newspaper Agency, of which the deceased was an agent, however, strangely, no person of the Sandesh Newspaper Agency has been arraigned as an accused in the First Information Report wherein the petitioners and one Kishor Maru are the only persons who have been named as accused. It is further submitted that, looking to the suicide note in question, it is apparent that the deceased was under pressure from the Sandesh Newspaper Agency for clearance of cheques which had been dishonoured and the agents were not making payment, which had forced him to take the step of committing suicide. It is contended that though in the First Information Report, there is also a reference that the petitioners were threatening to kill him and since then he was living under tension, there is no allegation to the effect that the petitioners herein had compelled him to commit suicide. It is alleged that though the main reason for committing suicide is attributed to the Sandesh Newspaper Agency, the police have deliberately not arraigned any person connected with the Sandesh Newspaper Agency as accused which bears out the malafide intention on part of the police authorities.