PRADIP CHUDIWALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners, Mr. Manoj Kumar, learned counsel for the State and Mr. Saurabh Shekhar, learned counsel for the O.P. No. 2.

(2.) The present petition has been filed for quashing of entire criminal proceedings including the First Information Report in connection with Bishtupur P.S. Case No. 93 of 2022 registered for the offence under Sec. 306/384/120-B/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.

(3.) Mr. Ankit Agarwal has lodged the First Information Report alleging therein that on 5/5/2022 his brother namely, Rahul Agarwal died by committing suicide from the rooftop of capital DD Bar opposite Ram Mandir, Bistupur due to mental torture caused by lodging of a false F.I.R by his in-laws including his wife. It is further alleged that on 5/5/2022 at about 2:21 P.M. the informant received information through a Video sent by his deceased brother Rahul Agarwal in which he narrated that due to continuous mental torture and public defamation he is going to commit suicide. It is further alleged that after receiving the said information from the concerned O.C., Sonari P.S., Jamshedpur, he and his family members reached Jamshedpur at about 10 P.M. and instituted this F.I.R. against all in-laws of his deceased brother including these petitioners. It is further alleged that on 16/2/2022 a false F.I.R. was registered in Sonari P.S. vide Sonari P.S. Case No. 28 of 2022 by the accused Varsha Agarwal, wife of the deceased as per the direction of her father Pradip Chudiwala, her mother Kusum Chudiwala and brother Piyush Chudiwala against the deceased and his family members. It is further alleged that all the accused persons including the deceased brother of the informant preferred an application for grant of anticipatory bail before the learned Principal District and Sessions Judge, Jamshedpur bearing A.B.P. No. 375 of 2022 and 413 of 2022 and the court has been pleased to allow the bail in A.B.P. No. 375 of 2022 but was pleased to reject the A.B.P. No. 413 of 2022 which was preferred by the deceased namely, Rahul Agarwal vide order dtd. 12/4/2022. It is further alleged that after rejection of the said bail application of the deceased Rahul Agarwal all the accused persons demanded a sum of Rs.5.00 crores from the deceased and his family members and when it was refused by them the informant filed an application for issuance of process under Sec. 82 Cr.P.C which was refused by the learned court and in the meantime the Investigating Officer of the case raided the house of the deceased for execution of NBW on 8/4/2022 and later on filed an application by the Investigating Officer on 12/4/2022 before the learned lower court for the issuance of process under Sec. 82 of Cr.P.C. It is further alleged that deceased Rahul Agarwal before committing suicide recorded a video message in his mobile phone for his family member and well wishers to inform that he is committing suicide as he is not able to deal with the mental and emotional torture as well as defamation caused by the accused persons including petitioners. It is further alleged that even after repeated request made by the deceased Rahul Agarwal to accused Megha Chudiwala and Piyush Chudiwala to let to speak to his children and allow to meet his children several times but it was refused by them. Hence, the present case has been registered.