RAHUL PARASHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners have filed this petition under section 482 of the Code of Criminal Procedure (for short 'the Code) for quashment of FIR dated 9.9.2013 (Annexure P/1) registered at Police Station, Padav, Gwalior at Crime No.443/2013 for the offence punishable under sections 306 and 34 of Indian Penal Code (for short the 'IPC).

(2.) Learned counsel for the petitioners submits that Deepesh alias Jimmy Chug had committed suicide in the mid night of 20 -21sttAugust 2013 and for the first time in the affidavit (Ex.P/3) sworn by father of the deceased on 7.9.2013 the name of the petitioners as offender has been mentioned. The FIR (Ex.P/1) was registered on 9.9.2013 on the basis of the affidavit sworn by the father of the deceased Purushottam Chug, photo copy of the suicide note (Annexure P/2) was also filed by the petitioners. The name of the petitioners were also mentioned in the suicide note. It is also submitted by the learned counsel for the petitioners that as per FIR some money was financed to the deceased and that was repaid, even then Deepesh (since deceased) was subjected to cruelty mentally as well as physically and ultimately he had committed suicide.

(3.) On the contrary, it is submitted by Shri Bhardwaj and Shri Sharma that firstly the photo copy of the FIR, suicide note and affidavit is not admissible in evidence. Secondly it was not explained that how these documents have come in possession of the petitioners, this act of the petitioners shows that they are influential persons and making interference directly in the investigation, hence on these grounds petition be dismissed. It is further submitted that the investigation is still going on and if no case is made out against the petitioners then certainly final report would be filed before the Magistrate as per law. So the pending investigation cannot be interfered. In support of his contentions learned counsel for the complainant has relied on the following judgments: -