SHEETOSH PUGAREYA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two petitions have been filed under Section 482 of the Code of Civil Procedure for quashment of the order dated 10.08.2015 of the District & Sessions Judge and further proceedings in pursuance to the aforesaid order. Both the cases are listed in motion with a prayer for final disposal. With the consent of counsel, both these petitions are heard together and disposed off finally by this common order because the question involved in both the petitions is same and in both the petitions common order is under challenge.

(2.) A FIR was registered at Police Station Moghat Road, Khandwa vide Crime No.195/15 lodged by Smt. Sangeeta Kanade. She informed the police that one Mr. Vinay armed with knife trespassed her house and tried to commit sexual intercourse with her and when she refused the aforesaid act of the accused, he tried to molest her. The police arrested the accused Mr.Vinay on 06.04.2015 at around 11:50 PM. Looking to the gravity of the offence, police seized the knife from him. He was put in a lock up. The accused was, at the time of arrest, under the influence of liquor and he had created lot of nuisance, as per the police, so he was kept in a separate lock up. Subsequently, Mr. Vinay was not found in the lock up. Thereafter, it came to the knowledge of the police authorities that he had tried to commit suicide. The fact was informed to the concerned S.H.O. Police had taken Mr. Vinay to the hospital, where he was declared dead. A marg was registered as marg intimation No.23/2015.

(3.) On 07.04.2015, the Superintendent of Police, Khandwa, in view of the nature of the incident, wrote a letter to District & Sessions Judge, Khandwa mentioning the fact that Mr. Vinay son of Roop Chand had committed suicide, hence, it is necessary to conduct an inquiry by the Magistrate in accordance with Section 176(1)(b) of the Cr.P.C. The Officer requested the District & Sessions Judge to appoint a Judicial Magistrate for conducting the inquiry. The District & Sessions Judge vide order dated 07.04.2015 authorized Chief Judicial Magistrate, Khandwa to conduct the inquiry.