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2013 DIGILAW 175 (MP)

Vinod Tripathi v. State of M. P.

2013-02-08

ANIL SHARMA

body2013
JUDGMENT : The petitioner has filed all the relevant documents, therefore, the matter is heard finally. The petitioner has filed this petition under Section 482 of Cr.PC for quashing of the FIR, charge-sheet and further proceedings pending in the Court of Judicial Magistrate First Class, Bhopal (MP) arising out of Crime No. 299/10 registered at Police Station, Shahpura, District Bhopal (MP) for the offence punishable under Sections 306/34, 327 of IPC against the present petitioner. Learned Counsel for the petitioner has submitted that one Jiwan Jhade has committed suicide on 20-8-2010 and FIR has been registered against the present petitioner and another person for abetment of suicide alleging that the house of the deceased was demolished during the course of removing of encroachment but the deceased was insisting that he has not encroached upon the Government land and he was borrowed some loan for the house. Learned Counsel for the petitioner has further submitted that the petitioner is a Sub-Engineer of Kolar Nagar Palika, Bhopal and he was complying the orders passed by SDM, Kolar and Chief Municipal Officer, Kolar. Learned Counsel for the petitioner has drawn attention towards the notice dated 17-8-2010 was issued to the deceased Jiwan Jhade for removal of his encroachment or to produce the documents and permission of construction regarding ownership but on failure, the encroachment was removed and the report dated 19-8-2010 was submitted by the Chief Municipal Officer, Kolar to the Collector, District Bhopal, intimating that the encroachment has been removed in the presence of SDM and Tehsildar (Huzur). Since, the petitioner is working under the Chief Municipal Officer, Kolar, District Bhopal (MP) and he has only followed the instructions given to him by his higher authorities and the encroachment was removed after giving due notice to the deceased in accordance with law and the encroachment was also removed after following due process of law, therefore, no case for abetment of suicide is made out against the petitioner as there is no intention on the part of the petitioner to instigate the victim to commit suicide. Resultantly, the petition is allowed. Resultantly, the petition is allowed. The FIR registered at Crime No. 299/10 in the Police Station Shahpura, District Bhopal (MP) for the offence punishable under Sections 306/34,327 of IPC as well as the charge-sheet and further proceedings pending in the Court of Judicial Magistrate First Class, Bhopal (MP), against the present petitioner Vinod Tripathi only, are hereby quashed. A copy of this order be sent to the concerned Court below for information and its compliance. C.C. as per rules.