ASHISH GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER made in the petition filed by the petitioner under Section 482 Cr.P.C. is for quashing of order dated 15.10.2013 (Annexure P -15) vide which he was declared a proclaimed person in FIR No. 103 dated 25.7.2013 under Sections 306/34 IPC registered at Police Station City Rampura, District Bathinda.

(2.) THE petitioner, alongwith his sister -Pooja Gupta, father -Ajay Gupta and mother -Nirmala Gupta was arraigned as accused in the aforementioned FIR registered under Sections 306/34 IPC at the instance of complainant -Gurcharan Dass, father of deceased Harish Kumar. The complainant stated that his younger son Harish Kumar was married to Pooja Gupta, daughter of Ajay Gupta on 11.2.2012 and he had a male child. Since the time Harish Kumar got married, his wife -Pooja Gupta, father -in -law -Ajay Gupta, mother -in -law -Nirmala Gupta and brother -in -law -Ashish Gupta had been demanding money from him. Harish Kumar had given a sum of Rs. 10,00,000/ - to them. They also took the entire gold. Despite that they were demanding more money and for the last one week, there was tension in his house. On 24.7.2013, a congregation was held in the house of Harish Kumar in which his wife, mother -in -law, brother -in -law and father -in -law, besides Vijay Kumar, Ajay Kumar, Harish Kumar, Ashwani Kumar, Sher Jang and others participated. In that meeting, Pooja Gupta, Nirmala Gupta, Ashish Gupta and Ajay Gupta, besides demanding more money, asked Harish Kumar to transfer the property in the name of Pooja Gupta and in case it was not done they threatened to get a false case of dowry registered against him and his family members. Being fed up with all this, Harish Kumar consumed sulphas tablets on 25.7.2013 at 10.00 a.m. He was taken to Civil Hospital, Rampura for treatment but the doctor referred him to Adesh Hospital where he died during his treatment. Accordingly, complainant -Gurcharan Dass held the wife, father -in -law, mother -in -law and brother -in -law of his son Harish Kumar responsible for abetting the commission of suicide by him.

(3.) APPREHENDING his arrest, the petitioner filed an application dated 30.9.2013 (Annexure P -2) under Section 438 Cr.P.C. for grant of anticipatory bail which application came up for consideration before Additional Sessions Judge, Bathinda on 1.10.2013 when notice was issued for 8.10.2013. On 8.10.2013, the hearing of the application was adjourned to 14.10.2013 and, thereafter, to 24.10.2013 and 7.11.2013. All this while, there was no interim relief granted to the petitioner. Ultimately, Additional Sessions Judge (Ad hoc) Fast Track Court, Bathinda dismissed the application vide order dated 16.1.2014 (Annexure P -7). He then moved this Court for a similar relief. Vide order dated 4.2.2014, a co -ordinate Bench of this Court, while issuing notice to Advocate General, Punjab issued interim direction requiring the petitioner to join investigation on 15.2.2014 between 10.00 a.m. and 5.00 p.m. and in case of his doing so, he be released on interim bail to the satisfaction of the Arresting/Investigating Officer. Post -notice, the application for anticipatory bail came up for consideration before this Court on 28.2.2014 when learned State counsel as well as learned counsel for the complainant informed the Court that the petitioner stood declared as a proclaimed person by Sub Divisional Judicial Magistrate, Phul vide order dated 15.10.2013. In view of the same, learned counsel for the petitioner prayed for withdrawing the petition for anticipatory bail with liberty to the petitioner to challenge the order of declaring the petitioner a proclaimed person. The petition was, accordingly, dismissed as withdrawn with liberty aforementioned. Copy of order dated 28.2.2014 is appended with the petition as Annexure P -9.