VISHAL AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) With the help of this application, made under Section 482, Cr PC, the petitioner, who is an accused in Samguri PS Case No. 192/09 under Section 306, IPC, has sought for setting aside and quashing the first information report (in short "the FIR"), which gave rise to the registration of the said case. I have heard Mr. A.M. Bora, learned counsel appearing for the accused petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam. None has appeared on behalf of the informant- opposite party No. 2.

(2.) Before entering into the merit of the present application, made under Section 482, Cr PC, it may be noted that the allegations made in the FIR are, in brief, thus : On 24.9.2009, a false allegation was brought by M/s. R.D. Motors against the informant's son, Pranjal Goswami, which led to the arrest of the said Pranjal Goswami (since deceased) by Haibargaon Police Outpost and, in consequence thereof, the said Pranjal Goswami was harassed, both mentally and physically, so much so that in the presence of the police personnel, the accused-petitioner, Vishal Agarwal, who is one of the owners of M/s. R.D. Motors, had physically assaulted Pranjal Goswami and the result of such assault and mental harassment was that the informant's son, Pranjal Goswami, committed suicide, on 29.9.2009, at about 11 a.m.

(3.) The question, which the present application raises for consideration of this Court, is : Whether the allegations, made in the FIR, attracts the penal provisions of Section 306, IPC and, if not, what action, if any, was required to be taken by the police on receipt of the said FIR.