JUDGEMENT
SUDHIR MITTAL,J. -
(1.)The petitioner is in revision against order dated 14.02.2019 whereby charges have been framed against the petitioner under Section 306 IPC.
(2.)One Ram Kirpal worked as an LIC agent and he allegedly committed suicide on 11.07.2016. Thereafter, allegedly, while going through his belongings his wife Nirmla Devi discovered a diary in which a suicide note was found. The petitioner was amongst those mentioned in the suicide note. Consequently, FIR dated 06.09.2017 was registered under Sections 306, 34 IPC against the petitioner and some others. After investigation, the police prepared a cancellation report dated 09.03.2018. Nirmla Devi felt that the police was conniving with the accused persons and, therefore, she approached this Court through CRM-M-43347 of 2016. Vide order dated 23.10.2017, the said petition was dismissed as withdrawn as learned State counsel had submitted that all efforts were being made to complete the investigation expeditiously. Thereafter, a miscellaneous application viz. CRM- 5159-2018 was filed for revival of the petition. Order dated 19.03.2018 was passed restraining the police from filing the cancellation report. Consequently challan dated 10.10.2018 was presented resulting in framing of charges as mentioned hereinabove.
(3.)Learned counsel for the petitioner submits that after completion of investigation, the Investigating Agency had prepared a cancellation report as it did not find the petitioner and his co-accused guilty of commission of any offence. The cancellation report could not be presented on account of the restraint order passed by this Court. The challan dated 10.10.2018 is identical to the cancellation report dated 09.03.2018, apart from the following lines in the last para :-
"The viscera report no. 4575 of deceased Ram Kirpal has been received according to which Ram Kirpal died due to ALUMINIUM PHOSPHIDE poisonous substance and is attached after taking opinion for the doctor. From the investigation till date, statements of witnesses, FSL report and viscera report any my verification, sufficient evidence has come on record to file challan against Harjit Singh son of Nasib Singh resident of Sainimajra and Raghbir Singh son of Malkit Singh resident of village Sanghala, PS Mullanpur Garibdass, District SAS Nagar under Section 306, 34 IPC."
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.