RAMESH GAGNEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated .12.11.2010 passed by the learned Judicial Magistrate, No. 1, Sri Ganganagar taking cognizance against him for the offences under Sections 306 and 384 Indian Penal Code in pursuance to the F.R. No. 221/2010 filed in pursuance to the investigation of the F.I.R. No. 212/2010, registered at Police Station Purani Abadi, District Sri Ganganagar. The aforesaid order has also been affirmed in revision by order dated 6.6.2011 passed by the learned Addl. Sessions Judge, No.1, Sri Ganganagar.

(2.) Succinctly stated the facts necessary for the disposal of this misc. petition are that one Krishan Kumar submitted a typed report at the Police Station Purani Abadi, District Sri Ganganagar on 15.8.2010 regarding his nephew Adarsh Kumar @ Gora having committed suicide. It was stated in the report that Adarsh Kumar @ Gora had committed suicide by hanging himself in the photo studio, which he used to run. A suicide note was allegedly recovered from the shop and as per the suicide note, the deceased wrote that he was committing suicide because of the threats being given to him by the- petitioner Ramesh Gagneja.

(3.) On the basis of the said report, proceedings under Sec. 174 Crimial P.C. were initiated. Thereafter, on 20.8.2010, Smt. Renu wife of the deceased filed a typed report at the Police Station Purani Abadi, Distt. Sri Ganganagar alleging inter alia that her husband was induced by the petitioner for working with him. It was stated in the report that the petitioner got her husband to sell ten bighas of agricultural land and took most of the money himself. It was also stated in the report that her husband's blank cheques were also taken by the petitioner and thereafter the petitioner started blackmailing the deceased under the threat of misusing the same. She further alleged that the plot owned by the deceased was also got transferred by the petitioner without making payment of the consideration. The complainant also alleged that her husband had purchased a house after taking loan from the Bank, which also, he sold under the pressure exerted by the petitioner Ramesh Gagneja. She further stated that the balance amount of the loan was also misappropriated by petitioner Ramesh Gagneja. She also mentioned in the report that petitioner was continuously harassing her husband from ten days before his death on the basis of a demand of rupees thirteen lacs. Thus, it was stated that in the report that the petitioner was responsible for the suicide committed by her husband.