ABHAY KUMAR KATARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under section 482 Cr.P.C., is presented seeking quashment of the challan (Annexure P/1 colly.), cognizance order (Annexure P/2) and the consequent entire criminal proceedings arising out of RCT No.97/2018 for the offence punishable under section 306 IPC pending before the Court of Judicial Magistrate, First Class, Indore.

(2.) Petitioner is working as a Manager with DCM Shriram Limited (hereinafter referred to as "the Company") and posted at its Indore office. Sumit Vyas, the deceased; had joined the Company at Indore office in the year 2011 on the post of Accounts Officer and worked under the supervision of the petitioner. He was promoted to the post of Section Officer. Though he worked with the Company for about six years but, he tendered resignation on number of times and thereafter withdrew the same. On 03/11/2012, the deceased sent an email and sought to be relieved of his duties for personal reasons and likewise in September, 2014 with a similar request but, at a later stage, he withdrew the same. In early 2017 since the petitioner noticed lapses and negligence in the discharge of duties by the deceased and another co-worker J.P.Yadav posing problems with the accounting system of the Company, the petitioner made a communication to the superior, S.K.Grover as regards account related issues with a copy to the deceased and co-worker J.P.Yadav by an email dated 28/04/2017 bringing to his notice the deficiencies and shortcomings to the effect that he is unable to control the accounting system due to negligence of the account staff and with a request to take some hard action or in the alternative the deceased and J.P.Yadav may be transferred to different department. S.K.Grover vide email dated 29/04/2017 called upon the deceased and Yadav for explanation.

(3.) As such, it was a pure official communication by the petitioner in the routine manner updating the superior officer about the work in the establishment.