ATUL RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dated 16.1.2010 passed by the learned Chief Judicial Magistrate, Motihari, East Champaran in Chhatauni P.S. Case No. 46 of 2008 by which cognizance has been taken under Section 306 of the I.P.C. According to the Fardbayan of the informant Jeetendra Kumar Thakur, recorded on 19.4.2008, one Pankaj Kumar booked room no. 202 at Puja Hotel on 18.4.2008 at 9.30 p.m. The next day it was found that the said Pankaj Kumar had committed suicide by hanging himself from the ceiling fan. A suicide note was found in which it was stated that Atul Rao, the petitioner herein, and Brij Kishore Singh had been regularly pressurizing him for money, when in fact the deceased had not taken the money. The petitioner and Brij Kishore Singh created so much pressure that the deceased took the extreme step of committing suicide.

(2.) It appears that during the course of investigation the police has found from independent witnesses that the deceased Pankaj Kumar had taken Rs. 4,00,000/- from the petitioner on the pretext of ensuring the petitioner's admission in Lal Bahadur Shastri Institute of Management at Delhi.

(3.) It has further come during investigation that one such independent witness, Rakesh Kumar, had interacted with the petitioner and the deceased and had been a witness to an agreement signed by the deceased whereby the latter had stated that he had taken money and would repay the same on 30.4.2008.