SURESH JAAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent of the parties heard finally. 1. This criminal revision under Sec. 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the order dtd. 6/8/2022 passed by the Tenth Additional Sessions Judge, Indore (M.P.) in S.T. No.822/2021, whereby charges under Sec. 389, 422 and 409 of IPC, 1860 have been framed against the applicant.

(2.) Brief facts of the case are that on 12/11/2016 applicant was admitted in Gokuldas Hospital, Indore for having eaten some poisonous substance. He consumed poison at 4.30 pm and thereafter he informed about his consuming poison to Raj and Shailu. During investigation, police recorded statements of Shailu wherein Shailu stated that applicant told him after consuming poison that he was indebted to Nikhil Agrawal and therefore for saving himself from such recovery and for roping Nikhil Agrawal into false case, he consumed poison, but his intention was not to commit suicide.

(3.) The statement of the applicant was recorded on 26/11/2016 wherein he deposed that an amount of Rs.4,02,731.00 is due towards Nikhil Agrawal as commission and applicant was informed by some other businessmen that they have roped Nikhil Agrawal in some false cases, thereafter, Nikhil Agrawal is not asking for the due amount from them, hence the applicant can also adopt the same way therefore, he consumed poison, to rope Nikhil Agrawal in a false case. After due investigation charge sheet was filed against the applicant for offence under Sec. 389, 422, 406 and 409 of IPC, 1860 before Judicial Magistrate First Class, Indore.