DINESH JOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Revision under Sec. 397 read with Sec. 401 of the Cr.P.C. has been filed by the petitioner against the order dtd. 21/7/2022 passed by the 3rd Additional Sessions Judge, District Ujjain in Sessions Trial No.28/2022 whereby charge has been framed under Sec. 306 of the IPC against him.

(2.) The facts in short necessary for disposal of the present Revision are that Prashant Tiwari died due to hanging himself on 23/8/2021 at about 6.20 p.m. He left behind a suicide note in which he stated that he had obtained certain loan from the petitioner who was pressurizing him for return of the same. Due to the pressure created upon him by the petitioner in demanding his money, he is committing suicide. Thereafter crime has been registered by Police Station Neelganga, District Ujjain for offence under Sec. 306 of the IPC. After investigation chargesheet has been filed and the same has been committed to the Court of Session after which the impugned order framing charge against the petitioner has been passed.

(3.) Learned counsel for the petitioner submits that loan was advanced to the deceased and as he did not repay the amount the petitioner insisted upon him for repayment of the same. For that purpose the petitioner exercised only that much pressure upon the deceased as was necessary for getting back the money. It cannot be said that the same amounted to any abetment or instigation on part of the petitioner for the deceased to commit suicide or that in view of acts of the petitioner the deceased had no other alternate but to commit suicide. It is further submitted that the allegations leveled against the petitioner even if taken to be true on their face value do not amount to any offence under Sec. 306 of the IPC.