MAHESH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition has filed against the order dated 10.8.2006 whereby cognizance has been taken against the present petitioner for the offence under Section 306 I.P.C. and revision petition has also been dismissed.

(2.) The short facts of the case, according to the petition, are that the petitioner was posted as junior Engineer in P.H.D. and deceased Bhupendra Saini was working as Assistant in the office. The dead body of Bhupendra was recovered from a well on 5.10.2003, which was taken to the hospital and an inquiry was ordered under Section 174 Cr.P.C., after that F.I.R. No. 19/2004 was registered. After investigation, the police filed Final Report, which was sent to the concerned Magistrate. Notice was given to informant Chandrabhan, who did not submit any protest petition. The learned Magistrate took cognizance against the present petitioner for the offence under Section 306 I.P.C. against which a revision petition was filed, which was also dismissed. Hence, this petition.

(3.) Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the record.