RAJKUMAR @ TITU TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. for quashment of criminal proceedings pending before the 13th Additional Sessions Judge, Indore in Sessions Trial No.463/14.

(2.) Brief facts of the case are that Sunil S/o Nandkishre died by hanging himself. He was taken to hospital and information was sent to P.S. Tukoganj about the death of Sunil, against which, merg intimation No.06/14 under Section 174 of the Cr.P.C. was recorded. During enquiry, it was found that deceased has taken loan from Yash Finance which was run by Titu @ Rajkumar and Anand @ Baba. They were charging high rate of interest. It was also found that Titu @ Rajkumar, Anand @ Baba Piyush, Raja @ Raju and Rajendra used to harass the deceased. One Ramjan also caused loss of Rs.25,00,000/- to the deceased. Due to harassment made by the aforesaid persons, deceased committed suicide. During investigation, suicide-note alleged to have been written by the deceased has also been seized and after due investigation, charge-sheet has been filed against the applicant.

(3.) It is submitted by learned counsel for the applicant that there is no prima facie material against the applicant for abetting the deceased to commit suicide. The ingredients of abetment are absent in the present case. It is further submitted that applicant has never harassed the deceased. If the contents of the alleged suicide note are taken into consideration, no case is made out against the applicant. Applicant has already filed a complaint with respect to dishonouor of cheque against the wife of the deceased which is pending before the Judicial Magistrate,First Class, Indore.