SHIVANI NISHAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed for quashment of criminal proceedings initiated against applicants in Crime No.39/2023 registered for offence under Sec. 306 IPC at Police Station Bamhani District Mandla.

(2.) The applicants have impleaded Chandra Shekhar Ahuja as respondent No.2 but Chandra Shekar @ Pawan Ahuja is the person, who has committed suicide. Therefore, instead of making the mother of the deceased as respondent No.2, applicants have impleaded the deceased as respondent No.2. How the applicants would serve the deceased and how the application against the deceased is maintainable has not been clarified by the applicants.

(3.) According to prosecution case, on 20/12/2022, an information was received that the deceased Chandra Shekhar @ Pawan Ahuja has committed suicide by hanging himself. Inquest enquiry was conducted and a suicide note left by the deceased was recovered from the left pocket of the pant of the deceased. The said suicide note was written in Hindi and was in red ink, which was signed by the deceased himself. The Post Mortem of the deceased was got done. On the basis of suicide note as well as on the basis of statements of witnesses, namely Smt. Shanti Ahuja, Anees Memon, Mahendra Ramtekkar, Govind Thakur, Anmol Verma, Amit Ahuja and Ankit Rai, the Police registered the offence under Sec. 306 of IPC against the applicants.