HIMANSHU CHORASIA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the First Information Report (for short 'FIR') of Civil Lines P.S. Case No. 401 of 2018 registered under Sections 109, 304A and 507 of the Indian Penal Code (for short 'IPC').

(3.) In the FIR, it has been alleged by the informant Bhagwat Pandey that he received a call on 27.09.2018 at 10:18 a.m. from Mobile No.9560710103 on his Mobile No.7717704869. The caller said that he is an employee of HDFC Bank, Gaya. He informed that the condition of his son is not good and requested to him come immediately. At that time, he was in Patna Secretariat. He informed his son-in-law, Bharat Pandey immediately about the contents of the call he received. Another call from Mobile No.9931279780 was received at his house on Mobile No.7717704869 and it was informed that his son has died. Thereafter, he along with his son-in-law and his own brother Laxman Pandey and his friend Dinesh Pandey went to Abhay Institute of Medical Sciences (for short 'AIMS'), Gaya. They reached there at about 3:45 p.m. At that time, several employees of the bank were present in AIMS. One Himanshu Chorasia @ Himanshu Bhusan Chhotaray claiming himself to be Manager of the bank informed him that his son Binay was working in the bank with him. When he asked from him as to how he died, he disclosed that his son had arrived in the bank at about 9:15 a.m. After occupying his seat, he took water and two biscuits and suddenly, fell down and became unconscious. Thereafter, he was taken to AIMS where the doctor conducted his ECG and disclosed that he was brought dead. Having received the body of his son, he brought the same to Patna in an ambulance. He reached at his residence at about 9:00 p.m. and performed the cremation at Gulabi Ghat, Patna about 2:00 a.m. on 28.09.2018. After cremation, when he came back to his house, a telephone call was received by his son- in-law. The callers disclosed themselves to be the friends of his deceased son. They further disclosed that the main cause of the death of his son was the mental torture meted to him by the petitioner Himanshu Chorasia. They further disclosed that on 27.09.2018 when his son had arrived in the bank, the Manager had subjected him to severe mental torture, which he could not bear and lost his senses. Since he had fallen down, several employees tried to provide him the immediate assistance. They were trying so that he may regain his consciousness but, when their efforts did not yield any result for about 20-25 minutes, he was taken to AIMS where doctor declared him brought dead. They further disclosed that the mental cruelty meted out to the deceased can be assessed from the official e-mail sent to the deceased. On inquiry, it was found that the messages made by the deceased with his fellow employee had been deleted from the mobile of his son.