UMESH JADIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This M.Cr.C under Sec. 482 of Cr.P.C has been filed by the applicant for quashing the registration of Crime No.155/2020 at Police Station Kharakpur District - Tikamgarh (M.P.), and the proceedings pending in the criminal trial.

(2.) The case of prosecution in a nutshell as articulated in FIR dtd. 18/7/2020 that, on 25/5/2020 when Shramik Special train was on the way, the deceased named Ramesh Nayak jumped in front of train and due to that unfortunate incident the deceased succumbed to injuries. On the basis of suicide note of deceased Ramesh Nayak, this case was registered. It is stated in the said suicide note that co-accused Abhay Goyal and the applicant Umesh Jadiya have got executed a registered sale deed on behalf of deceased. In the night of 21/5/2020 at 2:35 AM, when deceased came out of his house for urinating, Abhay Goyal and Umesh Jadiya caught him and taken him on motorcycle and a false case was initiated. On the anvil of this FIR the case was registered against the applicant and co-accused under Sec. 306 r/w 34 of IPC.

(3.) This petition under Sec. 482 of Cr.P.C has been filed on the basis of the facts that even if the whole prosecution case is accepted in its entirety, then also no case is made out under Sec. 306 r/w 34 of IPC against this applicant. It is further prayed that since no case is made out, the main coaccused who has purchased the said land from the deceased through registered sale deed has already been exonerated by Hon'ble High Court in M.Cr.C No.43139 of 2021 wherein the proceedings against that co-accused has been quashed on 8/5/2022. On the basis of stray suicide note, the accused cannot be connected with the crime.