SHAMBHU KUMAR SUMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed under section 482 Cr.P.C seeking the quash of proceedings arising from Crime No.253/2018, registered as P.S.Budhni. On the basis of the said FIR and the charge sheet filed therein, Criminal Case RCP No.478/2019 is pending before the Court of the learned JMFC, District Sehore.

(2.) The case of the prosecution is that the petitioners are posted at Midghat Railway Station of West Central Railway, Tahsil Budhni, District Sehore. The deceased Arvind Kumar was Assistant Points Manager in the Midghat Railway Station and was working with the petitioners. The deceased was initially appointed on compassionate grounds on 26.7.2011 as an Assistant Pointsman in Mahugada Railway Station, District Guna. His service record was not good and he was thrice been punished as he used to remain absent for long without leave. On the basis of complaints, the deceased was allegedly transferred from Mahugada Station, District Guna to Midghat Railway Station, Tah.Budhni, District Sehore on 14.11.2014 and thereafter joined at Midghat Railway Station after a long absence on 3.3.2015.

(3.) The petitioners contend that the deceased used to remain absent from duty there also. He was absent from 28.6.2018 till his death and there was no leave application. The total period of absence was for about 80 days and continuous absence from duty before he committed suicide.