AJAY BANSAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 Code of Criminal Procedure for quashing of FIR No.172 dated 24.12.2008, under Sections 306 and 120-B Indian Penal Code, registered at Police Station GRP, Ludhiana (Annexure P-3) and all subsequent proceedings arising therefrom including order dated 16.4.2012 (Annexure P-13) passed by the learned Additional Chief Judicial Magistrate, Ludhiana whereby the cancellation report presented by the police has been rejected and cognizance under Section 306 Indian Penal Code has been taken.

(2.) Learned senior counsel for the petitioner has submitted that the investigating agency had conducted thorough investigation in the matter and had found that the petitioner was not present in Ludhiana on 23.12.2008 and had thus no nexus with the commission of suicide by deceased Ashok Kumar Juneja. The matter was again reinvestigated and the family members of the deceased were joined during reinvestigation. Thereafter, again cancellation report was submitted. Learned senior counsel further submitted that even otherwise no offence under Section 306 Indian Penal Code was made out. In fact Juneja Telecom had received all claims upto 30.6.2007. As per letter dated 03.10.2008, only Rs.13,43,532/- were due to be paid to the deceased and not rupees 29/30 lacs as alleged in the suicide note.

(3.) Respondent No.2 is present in person and has not disputed the cancellation report submitted by the investigating agency. He has submitted that the cancellation report submitted by the prosecution be accepted.