VIJAY KUMAR DIGHE Vs. STATE OF M P

JUDGEMENT

(1.) THE applicants have moved this Court under Section 482 of the Code of Criminal Procedure, invoking its inherent powers, and praying for quashing the proceedings in Criminal Case No. 204 of 1999 under Section 306 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Guna.

(2.) BRIEFLY stated the factual matrix of the case runs thus : A charge-sheet against the applicants was filed for the offence under Section 306 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Guna. The case of the prosecution was that the applicant No. 1, Vijay Kumar Dighe, was the 'mukhya Prabandhak' of State Bank of Indore, Branch Guna, and the applicant No. 2, R. D. Joshi, was the 'prabandhak' of the said Bank. One Raghvendra Sharan Gupta, an employee of the said Bank, died on 7-7-98 in Civil Hospital, Guna. The doctor of the Civil Hospital, Guna, informed the police that said R. S. Gupta had died due to asphyxia as a result of hanging. The statements of his father Mahendra Pal Gupta, his wife Smt. Deepa Gupta and his brother Avadhesh Sharan Gupta were recorded by the police; their statements revealed that said R. S. Gupta had committed suicide, and, therefore, a Crime No. 55 of 1999 under Section 306 of the Indian Penal Code was registered against the applicants. The prosecution case is that the statements of the father, wife and brother of the deceased had revealed that the applicants had forcibly pressed said R. S. Gupta to work in Advance Cash Branch and on account of tension he had committed suicide. After completing the investigation of the case the charge-sheet was filed by the Police in the Court of the learned Chief Judicial Magistrate, Guna.

(3.) I have heard the learned counsel for the applicants and the learned Government Advocate on admission, at length, and have perused the documents filed by the applicants.