SATYAM MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of the present common judgment, this Court proceeds to decide two petitions in hand, since there is commonality and congruity of legal issues therein, as conceded by the learned rival counsel.

(2.) The substantive prayer in the petition reads thus:

(3.) The gravamen of the FIR in question is that it was registered against: i) Onkar Nath, son of Banarsi Dass; ii) Navneet Kumar Verma, son of Onkar Nath; and iii) Aseem Mahajan, Advocate (respondent No. 2 herein), son of Raman Kumar Mahajan; on account of the suicide committed by Late Sh. Rakesh Kumar (father of the complainant/petitioner, Satyam Mahajan). The deceased ended his life by stepping in front of train No.04397 between Railway Stations Dinanagar and Jhakhladi at 83/16 Railway Kilometre on 18/7/2024. In his statement, the petitioner alleged that his father was engaged in a joint business of sale and purchase of property with Onkar Nath and was already in litigation with him before the Gurdaspur Courts over a property dispute. It is further alleged that the accused persons pressurized the deceased to withdraw the said case by telling him that the disputed land would otherwise be wasted in litigation. The complainant stated that his father was under constant stress due to the accused persons, who allegedly told him that since they themselves were the witnesses and advocate in the case, he would have no option but to succumb. The complainant also alleged that about three years ago, respondent No. 2, Aseem Mahajan, Advocate, had called his father to his house, coerced him into paying sums of Rs.40,000.00 and Rs.50,000.00, and obtained his signatures on an agreement to sell, though no actual consideration was paid. The accused persons are further alleged to have harassed the deceased from time to time. During the personal search of the deceased's body, three handwritten papers were recovered. In these writings, the deceased mentioned the ongoing dispute with the accused persons concerning the registry/sale deed as well as monetary issues. The complainant also pointed out that in his statement recorded on 18/7/2024, he had indicated his intention to make a supplementary statement for further proceedings. Ultimately, the complainant alleged that his father committed suicide due to continuous harassment at the hands of the aforesaid accused persons.