ABHISHEK MAHAJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred these Criminal Misc. Petitions aggrieved by Order dated 13.10.2016 passed by Addl. District and Sessions Judge No. 8, Jaipur Metropolitan, Jaipur, whereby revision petition filed by the petitioners was dismissed and the Order dated 11.8.2016 passed by Addl. Chief Metropolitan Magistrate No. 11, Jaipur whereby protest application filed by the complainant was allowed.

(2.) In brief, the factual matrix of the case are that the deceased on 3.1.2013 gave a Parcha-bayan that he is running a departmental store, the building of which was taken on lease for three years and that petitioners wanted to get the shop vacated and for that purpose they were harassing the deceased. They harassed and also threatened to kill the deceased, as a result of which, deceased poured the kerosene and set himself on blaze and had died after more than two months of the incident. Police after due investigation submitted a negative final report observing that no case is made out against the petitioners of abetting the deceased to commit suicide. It was also mentioned in the report that the deceased was not paying the rent and for that purpose, he was levelling false allegations against the petitioners. A protest application was filed by the complainant and the Court below directed the SHO to further investigate the case and submit the report.

(3.) Complainant approached the High Court by filing a Criminal Misc. Petition No. 256/2014 and the High Court vide Order dated 18.12.2015 transferred the investigation to CID (CB). In due compliance of the Order dated 18.12.2015, CID (CB) conducted the detailed investigation and submitted a negative final report observing that the earlier investigation is correct and no offence is made out against the petitioners. It was also mentioned that the suicide note was presented to the police after seven months of the incident. It was also observed by CID (CB) that the suicide note was prepared much prior to the date of incident and that the suicide note was not sent to any of the persons to whom the same was addressed. A protest petition was filed before the Court below. Court after recording the statement of the complainant and witnesses, took cognizance under Section 306 of IPC vide order dated 11.8.2016. The cognizance order was challenged before the Addl. Sessions Judge No. 8, Jaipur Metropolitan, Jaipur but the revision preferred by the petitioners was dismissed.