VINOD TRIPATHI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed all the relevant documents, therefore, the matter is heard finally. The petitioner has filed this petition under section 482 of Cr. P.C. for quashing of the FIR, charge sheet and further proceedings pending in the court of Judicial Magistrate First Class, Bhopal (MP) arising out of Crime No, 299/10 registered at police station Shahpura, District Bhopal (MP) for the offence punishable under sections 306/34, 327 of IPC against the present petitioner.

(2.) Learned counsel for the petitioner has submitted that one Jiwan Jhade has committed suicide on 20.8.2010 and FIR has been registered against the present petitioner and another person for abetment of suicide alleging that the house of the deceased was demolished during the course of removing of encroachment but the deceased was insisting that he has not encroached upon the government land and he was borrowed some loan for the house.

(3.) Learned counsel for the petitioner has further submitted that the petitioner is a Sub-Engineer of Kolar Nagar Palika, Bhopal and he was complying the orders passed by SDM, Kolar and Chief Municipal Officer, Kolar. Learned counsel for the petitioner has drawn attention towards the notice dated 17.8.2010 was issued to the deceased Jiwan Jhade for removal of his encroachment or to produce the documents and permission of construction regarding ownership but on failure, the encroachment was removed and the report dated 19.8.2010 was submitted by the Chief Municipal Officer, Kolar to the Collector, District Bhopal, intimating that the encroachment has been removed in the presence of SDM and Tahsildar (Huzur).