IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH CRIMINAL REVISION No. 3381 of 2025 PANKAJ Versus STATE OF MADHYA PRADESH Appearance:

Shri S.K. Vyas -Senior Advocate with Shri Ritu Raj Bhatnagar, learned counsel for the petitioner.

Shri Hemant Sharma - G.A for the State.

(Heard on 13.08.2025)

(Delivered on: 15.12.2025)

ORDER This criminal revision under section 438 read with section 442 of the BNSS, 2023 is preferred being aggrieved by order dated 09.06.2025 in ST No.15/2025 by the First Additional Sessions Judge, Ratlam whereby charges under section 108 of the BNS, 2023 have been framed against the revision petitioner regarding abetment to commit suicide by Habbibulla@Hussain, who committed suicide by hanging in the intervening period of 26-27.11.2024 at his farm house situated at Ratlami Naka Jaora, Ratlam.

2. Facts of the case in brief are that commission of suicide by Habbibulla@Hussain was intimated by his brother Shafikulla Sheih Pathan at 12.50 p.m of 27.11.2024 and merg no.30/2024 was registered at P.S.- Jaora City, Ratlam. After enquiry a crime no.373/2024 was registered under section 108 of the BNS, 2023 against present revision petitioner. Completing the investigation a final report was submitted against revision petitioner and Jitendra @Jeetu S/o Ram Chandra Choudhary under section 108 and 351(2) of the BNS, 2023 with the finding that adjoining the agricultural field of deceased Habbibulla@Hussain comprising survey no.61/1 area 1.6270 hectare situated at Hala Lahori Jaora near St. Paul School, Jaora Naka was the agricultural field of revision petitioner Pankaj Dhadiwal. Deceased Habbibulla@Hussain have a way to approach his agriculture field from the agriculture field of Pankaj Dhadiwal and Bunty Rajput. One month prior to the incident, revision petitioner erected a pole and obstructed the way to approach the farmhouse of deceased by putting wire fencing. Due to this there was a dispute between deceased Habbibulla@Hussain and Pankaj Dhadiwal. Deceased Habbibulla@Hussain requested repeatedly to open the customary way to Pankaj Dhadwiwal but Pankaj Dhadiwal did not paid heed to the request of Habbibulla@Hussain and at 9:30 p.m. of 24.11.2024 on the directions of revision petitioner Jitendra alongwith 5-6 persons reached the place where Habbibulla@Hussain was irrigating the crop and threatened not to use the way. Habbibulla@Hussain was very upset due to non availability of customary way to approach to the agriculture field because there was imminent risk that the crop of Habbibulla@Hussain would be ruined. Due to this at 4:00 p.m. on 26/11/2024 Jitendra @ Jeetu extended a threat to kill Habbibulla@Hussain at the instruction of Pankaj Dhadiwal and due to this threat Habbibulla@Hussain was terrified and committed suicide.

3. Challenging the order of framing of charge under section 108 of BNS 2023 this revision petition is preferred on the ground that there is no evidence that wilful act of incitement or instigation on the part of accused in proximity to the day on which the deceased committed suicide. On 26/11/2024 father of the decreased namely Rafiqulla initiated proceeding under sections 131 and 132 of the Madhya Pradesh Land Revenue Code, 1959 recording the removal of obstruction on the passage created by the accused and also filed an application under section 32 of the Madhya Pradesh Land Revenue Code, 1959. Father of the deceased also initiated proceeding against mother of the revision petitioner and the proceedings are going before the Tehsidar regarding the dispute.The deceased have the opportunity to seek legal remedy & despite this he committed suicide then no offence under section 108 of the BNS is made out. Dispute regarding the passage spanned over a month comprising of multiple requests and refusals, which cannot be said to be an act of incitement proximate to the date of suicide. The revision petitioner has every right not to allow anybody including the deceased to pass t