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2010 DIGILAW 137 (MP)

M. S. Rajput v. State of Madhya Pradesh

2010-02-01

N.K.MODY

body2010
ORDER N.K. Mody, J. 1. Heard. 2. Being aggrieved by the order dated 21-1-2009 passed by CJM, Vidisha, in R.T. No. 177/09, whereby the cognizance of offence punishable under Section 306, IPC has been taken against the petitioner, the present petition has been filed. 3. Short facts of the case are that, one Bhola Ram committed suicide on 4-5-2006. Upon the complaint made by wife of the deceased, the petitioner who is Doctor by profession and was posted at Civil Hospital, Vidisha, cognizance for the alleged offence punishable under Section 306, IPC was taken against the petitioner. 4. The learned Counsel for the petitioner submits that the only allegation against the petitioner is that the petitioner refused to give treatment to the deceased, therefore, the deceased committed suicide. The learned Counsel for the petitioner submits that upon the complaint of wife of the deceased before the Human Rights Commission, vide order dated 21-11-2007 it was found that the petitioner has unnecessarily been harassed. It is submitted that anticipatory bail has already been granted to the petitioner. It is submitted that the petitioner has not committed any offence and the petitioner has unnecessarily been harassed. In the facts and circumstances of the case, the impugned order whereby the cognizance has been taken against the petitioner be quashed. 5. Shri Mukund Bharadwaj, learned Government Advocate submits that after going through the evidence as adduced by the prosecution, the cognizance of the offence has been taken against the petitioner. It is submitted that no case is made out for interference. 6. After taking into consideration all the facts and circumstances of the case and on perusal of the record, it is evident that the statement of the deceased was recorded by the petitioner. In his statement the deceased has stated that he is suffering from some disease and because of that he has consumed some poisonous substance. He has also stated that for his act, nobody is responsible. 7. In view of the dying declaration and also keeping in view the order dated 21-11-2007 passed by the learned Human Rights Commission, this Court is of the view that no case is made out for cognizance in an offence punishable under Section 306 of IPC. In the facts and circumstance of the case, the petition is allowed and the impugned order whereby cognizance has been taken has been quashed. 8. In the facts and circumstance of the case, the petition is allowed and the impugned order whereby cognizance has been taken has been quashed. 8. With the above direction, the petition stands disposed of.