Cr.M.P. No of Putul Rani Dey 2. Ravi Chandra Dey 3. Ashish Dey 4. Sangam Dey... Petitioners CORAM :- HON BLE MR. JUSTICE D.K.

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1 IN THE HIGH COURT OF JHARKHAND, RANCHI Cr.M.P. No of Putul Rani Dey 2. Ravi Chandra Dey 3. Ashish Dey 4. Sangam Dey... Petitioners Versus 1. State of Jharkhand 2 Chhaya Rani Bose.. Opposite parties. CORAM :- HON BLE MR. JUSTICE D.K.SINHA For the Petitioners :- Mr.P.P.N.Roy Sr.Advocate Mr. Jyoti Prasad Sinha Advocates For the O.P. No.2 Mr. M.K. Dey Sr. Advocate Mr. A.K.Das Advocate For the State Mr. Md. Hatim A.P.P. CAV on Delivered on ORDER 16/ The petitioners have invoked the inherent jurisdiction of this Court for quashment of the impugned order dated by which cognizance of the offence under sections 306/120(B) of the Indian Penal Code was taken against the petitioners and two others by the Chief Judicial Magistrate, Hazaribagh. The petitioners further requested for quashment of their entire criminal proceeding of S.T.Case No. 112 of 2007 arising out of Mandu(West Bokaro) P.S. Case No. 269 of 2005 corresponding to G.R. No of 2005 pending before the Additional Sessions Judge, F.T.C.VIII, Hazaribagh. 2. The prosecution story as per the complaint petition filed by the complainant/o.p. No.2 was that her son Deepak Bose had married to Sandhya Dey on Deepak Bose during his marriage was an employee of TISCO, West Bokaro Colliery, Gahato Tand and was working as Fitter-cum- Operator in its Electrical Department. After about two months of their marriage Deepak Bose died suddenly in suspicious condition so a case of unnatural death was registered and his postmortem was conducted on but the cause of his death could not be ascertained. Viscera of the dead body was sent to the Forensic Science Laboratory for further investigation. It was further alleged that after two days of his death, the petitioners came to the residence of the complainant i.e. mother of the deceased and started demanding money, Jewelleries and other relevant papers and also extended threat whereupon her another son P.K. Bose delivered the ornaments to Putul Rani Dey in presence of Ashish Dey to which a receipt was also issued by them to P.K. Bose which was the part of the complaint petition. The complaint further alleged that after marriage of Deepak with Sandhya a hand written diary

2 of Sandhya Rani Bose was found from perusal of which his son Deepak could gather that Sandhya had affairs with another person prior to her marriage which led to an altercation between the husband and wife and consequently Deepak Bose became upset, went into depression and started talking about committing suicide. Though one Pallav Bose initiated reconciliation between the parties but of no avail. Deepak was then threatened to return the alleged diary and when he did not return, he was insulted by the accused persons. Complainant suspected that only because of mental pressure mounted by the accused persons her son Deepak Bose committed suicide. After his death the accused persons in order to receive L.I.C policy amount which were in the name of Deepak Bose and that obtaining other benefits from the employer West Bokaro Colliery put pressure upon the complainant and extended threat to her. The complainant further alleged that inspite of information given to the police in this regard no action could be taken against the accused persons, hence the complaint. The complaint was sent to the Mandu Police under section 156(3) CrP.C. for institution and investigation of the case. The investigating Officer submitted charge sheet against the accused persons under sections 306/120(B) of the Indian Penal Code and accordingly cognizance of the offence was taken for the alleged offence. 3. As a matter of fact, the learned Sr.Counsel Mr.P.P.N.Roy advancing his argument submitted that when the petitioners received information at Kanke, Ranchi on phone that condition of Deepak Bose was serious, they immediately rushed to Ghatotand West Bokaro Colliery along with Sandhya Dey and reached at 4 O clock on and witnessed that Deepak Bose was being treated there at TISCO Hospital. During course of treatment he died and information was given to Sandhya Dey who upon hearing sudden demise of her husband became unconscious and she was admitted in the said TISCO Hospital Ghatotand, in the morning on where her treatment continued till and then she was discharged.after cremation of the corpse of Deepak, the members of the family of both sides sat together to discuss the future course of life of Sandhya Dey. The mother of Sandhya Dey negotiated that the jewellaries of Sandhya may be returned to her and accordingly, same was returned, keeping in view the future of Sandhya Dey. In the meantime Sandhya Dey filled in and signed the Indemnity Bonds on along with the application for payment of policy amount of the LIC policies, total four in number bearing in the name of Deepak Bose but the complainant/opposite party No.2 having come to know about the Indemnity Bonds being filled up by Sandhya Dey on and further that Sandhya was approaching before the authorities of TISCO for payment of dues, she filed a case in the court

3 of S.D.M.Ramgarh on against the petitioners and Sandhya Dey apprehending breach of peace. In the petition for initiation of the proceeding under section 107 Cr.P.C. the complainant/opposite party No.2 had not levelled any of the allegations similar to what she alleged in the complaint petition against the petitioners and therefore, the allegations as made in the complaint petition against the petitioners were afterthought and out come of the concert of the members of her family only with a view to deprive the widow Sandhya Bose from her rightful claim on the property of her husband late Deepak Bose. 4. Advancing his arguments the learned Sr. counsel Mr. P.P.N.Roy submitted that no specific allegation was attributed against any of the accused petitioners. Sandhya Dey was a student of Women s College, Ranchi from where she did her graduation in Political Science and she had no affairs at all with any other person either prior to her marriage or thereafter and connecting her with diary in question was nefarious plot cooked to deprive her and was never produced either with the complaint petition or before the Investigating Officer during course of investigation of the case. The story of diary was brought about to frustrate the genuine claim of Sandhya Dey with the intention to prevent her from receiving the dues of her husband on his death from TISCO. The learned Sr.Counsel further explained that it was no where alleged that any of the accused persons including Sandhya Dey had abetted Deepak Bose to commit suicide or had created any situation so as to drive him to commit suicide, therefore, the learned CJM in mechanical exercise of his jurisdiction and without application of judicial mind took cognizance of the offence under section 306/120B of the Indian Penal Code against the petitioners. It was not the case that any witness claimed having seen the accused petitioners abetting him in prosecution of criminal conspiracy to commit suicide and therefore, cognizance of the offence under sections 306/120B of the Indian Penal Code cannot be sustained under law. As a matter of fact, Sandhya Dey and members of her family were aggrieved on the death of Deepak Bose as Sandhya Dey became widow within two months of her marriage which ruined her future life at an early age. She was a rightful claim of the properties of her husband but the complainant and other members of her family with the intention to deprive her from her rightful claim brought about the instant false case under sections 306/120(B) of the Indian Penal Code by implicating all the members of her family. 5. In Harishchandra Prasad Mani Vs. State of Jharkhand and Anr reported in {2007(2) East Cr. Cases 30(SC)} the Apex court of India held :-

4 In the present case, there is not even an iota of material indicating the guilt of the accused persons. It is true that at the stage of taking cognizance adequacy of evidence will not be seen by the court, but there has to be at least some material implicating the accused and cognizance cannot be taken merely on the basis of suspicion as it appears to have been done in the present case. To take a contrary view would only lead to harassment of people. No doubt, it has been alleged in the complaint that the wife of the deceased was having an affair with accused no. 2, but this itself is only a suspicion and cannot be the basis of a conviction. Similarly, the fact that the in-laws of the deceased did not take part in his cremation is not evidence to show their guilt. In our opinion, since there is no material on the basis of which cognizance was taken, we quash the order dated taking cognizance of the offence. Resultantly, the impugned judgment of the High court is set aside and the appeal is allowed. 6. It is settled that suspicion by one spouse regarding moral character of another if lead to commission of offence of suicide to say that other is guilty of abetment will be far reaching consequences. Mr.Roy, the learned Sr. Counsel submitted that the petitioners were innocent and have become the prey of the criminal conspiracy hatched by the complainant-mother-in-law of widow Sandhya Dey who wanted to deprive her from the properties of her husband and instituted a false case implicating all the members of the family of Sandhya Dey to which this Court in exercise of inherent jurisdiction may quash the criminal prosecution of the petitioners in view of the proposition of law as laid down in Bhajan Lal s case (Supra) 7. Mr.M.K.Dey, the learned Sr. Counsel appearing on behalf of the O.P. No.2 strongly opposed the contention and submitted that the petitioners along with Sandhya Dey by hatching criminal conspiracy created such a situation which so as to derive Deepak Bose to commit suicide and therefore, the petitioners cannot be exonerated from their criminal liability. Mr. Dey further submitted that it would be relevant to mention that out of 15 witnesses named in the chargesheet, 7 witnesses have already been produced and examined on behalf of the prosecution and therefore, it would not be appropriate at this stage to interfere in fare trial by quashing the entire criminal prosecution of the petitioners. 8. Having regard to the facts and circumstances, arguments advanced on behalf of the parties I find that the trial of S.T.No.

5 112 of 2007 pending in the court of Addl.Sessions Judge, Hazaribagh is in advanced stage as has been explained that out of 15 witnesses named in the charge sheet 7 have already been produced and examined on behalf of the prosecution. It would not be appropriate, therefore, at this stage to interfere with the course of trial of the accused-petitioners in exercise of inherent power of this Court,accordingly this petition is dismissed yet, I direct the trial court to be conscious of the arguments of the petitioners that there was no evidence at all so as to form an opinion that accused persons/petitioners had created such a situation pursuant to their criminal conspiracy so as to drive Deepak Bose to commit suicide and that no diary alleged to be the cause of the suicide of Deepak Bose could be brought on the record as yet but without prejudice to the evidence appearing before the trial court during course of trial for a fair decision. 9. Let the trial be expedited so as to conclude it preferably within six months of this order with the interference of the Sessions Judge, Hazaribagh. Let the LCR be returned back immediately to the court concerned. (D.K.Sinha,J) SD/NAFR