VIJAY TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) HEARD .

(2.) THIS petition is for quashing the criminal proceeding pending against the petitioner in Criminal Case No. 1912/07 in the Court of CJM, Shivpuri for the offence punishable under section 306 of IPC.

(3.) THE criminal proceeding has been assailed by Shri Sharma, the learned counsel for the petitioner, only on the ground that vide afore - quoted suicidal note and the statements of the witnesses, it appears that the deceased was indebted and he was to pay an amount of debt to the petitioner and other persons. Cases were pending in the Court in which warrants were issued against him. The petitioner simply demanded debtor the loan advanced to the deceased. Behind the aforesaid threat given to the deceased, their intention was to demand loan only. Such threat cannot be considered as abetment to commit suicide which is a material ingredient for the aforesaid offence. In support, he has drawn attention on the following orders passed by this Court in three different cases :