ASHOK SANTHALIYA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 30.01.2019 (Annexure P-4) passed by the trial Court, vide which an application filed by the complainant under Section 193 of the Code of Criminal Procedure (for short 'Cr.P.C.'), to summon the petitioner (placed in column No.2 of the report under Section 173 Cr.P.C.), was allowed and he was directed to face the trial in FIR No.691 dated 14.09.2017 under Sections 306, 34 of the Indian Penal Code (for short 'IPC'), registered at Police Station Mujessar, Faridabad.

(2.) Brief facts of the case are that the aforesaid FIR was registered at the instance of Pushpa Devi wife of deceased Mahender K. Gupta, with the allegations that on 14.09.2017, in the morning, her husband came back from the house of his sister Rita and went to sleep. When he woke up, he informed her that he has money transaction with petitioner Ashok Santhaliya, owner of Namo Forging Aggarwal and on that account, he used to remain tensed, as 1-2 days ago, Ashok Santhaliya had sent a notice from Kolkata. The complainant's husband was having a licensed revolver. When the complainant was busy in performing pooja, her husband was sitting in a room and was writing something on a page, which he tore from the diary and then shot himself on head with his licensed revolver. Then she along with her relatives took him to the hospital, where he was declared dead. Later she found a suicide note, the contents of the suicide note read as under: -

(3.) Learned senior counsel for the petitioner submits that though name of the petitioner was mentioned in the suicide note, but no incriminating material came on record during the investigation and therefore, the petitioner was kept in column No.2 and accused Narendra Aggarwal is facing the trial. It is further submitted that the petitioner is a director and proprietor of 'Bhagwati Eco Care Pvt. Ltd.' and since this company had to take money from deceased M.K. Gupta, the petitioner was authorized to take action against him vide resolution dated 08.01.2016. Similarly, petitioner being director of 'Manavta Vinimay Company Ltd.', was authorized by way of resolution dated 04.01.2016 to take action against deceased M.K. Gupta to recover money.