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Assuming the documents filed with the charge sheet are considered on their face value, there is no chance of the appellant being convicted for the said crime and continuation of the trial would only amount to misuse of the process of the Court: HIGH COURT OF MADHYA PRADESH AT INDORE

The M.Cr.C. stands allowed by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of LALIT DUBEY V. THE STATE OF MADHYA PRADESH through HON’BLE JUSTICE SUBODH ABHYANKAR

FACTS OF THE CASE
The facts of the case are that the appellant’s first appeal under Section 14(1(A) of the SC & ST (Prevention of Atrocities) Act for quashing the order dated 17.1.2022 whereby the learned Judge of the Special Judge (under SC & ST Act), Dhar has framed charges against the appellant under Sections 306 in the alternate u/S. 306 /34 of the IPC and Section 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989. Counsel for the appellant has submitted that the appellant has been falsely implicated in the present case only because of he is an employer of co-accused Pooja, who was working in the appellant’s restaurant prior to the incident. It is submitted that according to the case of the prosecution, the deceased Meera Bai committed suicide on 27.4.2020, on account of the alleged harassment at the instance of the present appellant, co-accused Pooja and her mother Raju Bai. It is alleged that earlier, a case under Section 354 of the IPC was filed against one Deepak, son of the deceased Meera Bai on 9.6.2020, at the police station Naugaon, Dhar in which the present appellant happens to be a witness of the prosecution, as it is alleged in the said case that son of the deceased had tried to outrage the modesty of the co-accused Pooja in front of the restaurant of the appellant. It is submitted that only with a view to pressurize the appellant, he has also been arraigned as an accused in the present case despite the fact that even according to the case of the prosecution the suicide note has also been recovered at the instance of Deepak, the son of the deceased, in which, it is mentioned by the deceased Meera Bai that she was being harassed by the co-accused Pooja and her mother Raju Bai. Counsel has also drawn attention of this Court towards the dying declaration dated 27.11.2020, recorded by the S.D.M. while the deceased Meera Bai was alive, in which also she has not named the present appellant in any manner.

JUDGEMENT
In this case, this Court finds that the deceased committed suicide on 27.11.2020, on that date also her dying declaration was recorded by the S.D.M. and she has not given any details as to why she has committed suicide and not named any one for the same. In her suicide note, which is recovered subsequently during the course of the investigation on 13.12.2020, also there is no mention of the name of the present appellant and prior to 13.12.2020 there was no other statement recorded of any other witness, who would say that the present appellant is responsible for the suicide of the deceased. The statements of the witnesses also reveal that there was no direct or indirect interaction between the appellant and the deceased and he had no occasion to have any conversation with the deceased. In such circumstances, this Court is of the considered opinion that even assuming the documents filed with the charge sheet are considered on their face value, there is no chance of the appellant being convicted for the said crime and continuation of the trial would only amount to misuse of the process of the Court. Resultantly, the M.Cr.C. stands allowed. The impugned order dated 17.1.2022 regarding framing of charges in respect of the present appellant only passed by the Special Judge (under SC & ST Act), Dhar in Special S.T.No.92/2021 is set aside and the appellant stands discharged from the charges levelled against him.
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JUDGEMENT REVIEWED BY SHREYA NIDHI

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