(1.) Since, common questions of law and facts are involved in the present case as well as in Cr.R. No. 1044/2019, M.Cr.C. No. 9418/2018 and M. , therefore, with the consent of parties, the matters are analogously heard and decided finally by this common order. For the purpose of convenience facts mentioned in shall be taken into consideration.
(2.) The petitioners Manoj Bhargava and Pradeep Sengar have earlier filed M.Cr.C. No. 9418/2018 and M. under section 482 of Cr.P.C. for quashing the proceedings which was pending in criminal original case No. 82/2018 before the court below arising out of FIR bearing crime No. 21/2018 registered at police station City Kotwali, Dist. Shivpuri for the offence punishable under section 306 of IPC. During pendency of these petitions, the court below has framed charge against the petitioners in case No. 50/2018 ST under section 306 r/w section 34 of IPC, therefore, the petitioners have filed and Cr.R. No. 1044/2019 under Section 397/401 of Cr.P.C. challenging the order of framing of charge dated 10/01/2019.
(3.) The necessary facts for disposal of the present petition in short are that the petitioners Manoj Bhargava and Pradeep Sengar have instigated the deceased Rajesh Ojha to commit suicide by alleging that the petitioners had not covered the Porch and Dumduma and had not handed over the possession of house to the deceased despite receiving the amount of Rs. 1,00,000/- and the petitioners further additionally demanded the sum of Rs. 50,000/- from the deceased, due to which, the deceased has committed suicide. Further, on 03/01/2018 at the office of DHFL, the petitioner Manoj Bhargava with his common intention with other co-accused has abetted the deceased to commit suicide which resultantly let the deceased to commit suicide by consuming poisonous substance. Thereafter, the petitioner and co-accused were arrested. The statements of witnesses were recorded and after completing all necessary formalities, charge-sheet was filed against the petitioner and co-accused for the offence punishable under Section 306 of IPC, which is pending before the court of 4th Additional Sessions Judge, Dist. Shivpuri in S.T. No. 50/2018. The trial court vide impugned order dated 10/01/2019 has framed the charge against the petitioner and co- accused for the offence under section 306 r/w section 34 of IPC.
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