YAHOSU @ SUNNY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with the consent of the learned Counsel for the parties. This is a petition preferred under Section 397 r/w 401 of Cr.P.C. for quashment of FIR No. 11/2018 and all subsequent proceedings of S.T. No. 83/2018 initiated on the basis of charge-sheet.

(2.) The prosecution case in short is that on 28.11.2017, one Anupa committed suicide by hanging herself. The prosecution has come forward with the case that she fall in unrequited love with petitioner Yahosu, but he was in love with some other girl. Aggrieved and frustrated by this, she (Anupa) committed suicide. The allegation of the prosecution is that once the deceased expressed her love towards the petitioner, he revealed that he is in love with some other girl. When the deceased told him that she will commit suicide, he replied that it does not matter for him as he does not love her and thus, the petitioner has instigated the deceased to commit suicide. This is the total evidence, which the prosecution has produced with the charge-sheet.

(3.) Learned Public Prosecutor pointed out that call details have also been produced with the charge-sheet showing that the petitioner was in constant touch with the deceased on mobile phone, but has fairly admitted that there is no evidence that the mobile numbers pointed out by the learned Public Prosecutor belongs to the petitioner or the deceased.