KARAN JATIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition under section 397 read with section 401 of CrPC, has been filed being aggrieved with the order passed by Third Additional Sessions Judge, Ujjain in Sessions Trial No.49/2015 on 10.2.2015, whereby charge under section 306 of the IPC has been framed against the applicant.

(2.) THE facts of the case are that on 8.7.2014, Parichay Mittal was brought to hospital where he was found dead and the information was sent to police station Mahakal where Merg Intimation No.40/2014 under section 174 of CrPC, has been recorded. During enquiry, it was found that the deceased has taken loan from various persons including the applicant on interest. It is alleged that on 7.7.2014, at about 3 -4 p.m., Amit Vyas and Akhilesh came to the shop of the complainant and they threatened son of complainant and demanded refund of money along with interest. It is also alleged that they use to charge 30 -40 percent interest and they use to harass the son of complainant on account of which the son of the complainant consumed poison and committed suicide. After the investigation, the charge sheet has been filed and the case was committed for trial to the Sessions Court. The learned trial Court has framed the charge under section 306 of IPC against the applicant.

(3.) IT is submitted by the learned counsel that the learned trial Court has committed illegality in framing charge under section 306 of IPC. There is prima facie no material indicating that the applicant abated the deceased to commit suicide. It is further prayed that in similar circumstances, this Court has set aside the charge under section 306 of IPC against the applicant vide order dated ,16.7.2015, passed in Criminal Revision No.526/2015, and prayed for setting aside the charge.