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NEUTRAL CITATION NO. 2025:MPHC-IND:37704

1 CRR-5369-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGH

CRIMINAL REVISION No. 5369 of 2025

RAMAVTAR

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Vivek Singh - Senior Advocate with Shri Rajesh Yadav-

Advocate for the revision petitioner.

Shri Rahul Solanki - GA for the State.

Shri Kanishka Gupta - Advocate for the Objector.

(Heard on: 16.12.2025)

(Delivered on: 22.12.2025)

ORDER

This criminal revision under section 438 read with section 442 of the

B.N.S.S., 2023 is preferred challenging the legality of order dated

rd

04.11.2025 in ST No.659/2025 by the 23 Additional Sessions Judge,

Indore (M.P.) whereby charges under section 306 of the IPC has been framed

against the revision petitioner.

2. Facts of the case in brief are that charges against the revision

petitioner is framed for abetment to commit the suicide by Shankarlal who

committed suicide at 3:30 a.m. of 31.07.2019 by hanging himself using scarf

as ligature in the room of the house. It was intimated to the Police Station-

Heera Nagar, District Indore and merg no.63/2019 was registered. During the

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 22-12-2025

20:07:41

NEUTRAL CITATION NO. 2025:MPHC-IND:37704

2 CRR-5369-2025

enquiry ligature was seized on 08.08.2019. Letter in the form of Dying

declaration was handed over by the sister of the deceased to the police and

also available the handwriting of the deceased. The statement of sister of the

deceased recorded on 03.08.2019 and additional statement was also recorded

on 08.08.2019. The statement of father of the deceased was also recorded.

P.S.- Heera Nagar, District Indore did not proceed further in the case and the

parents of the deceased approached the court of JMFC, Indore by filing an

application and vide order dated 06.02.2022 JMFC Indore ordered under

section 202 of the Cr.P.C.,1973 registered the case against the present

revision petitioner and others to file the final report within two months after

ensuring impartial enquiry/ investigation along with the material collected

during the merg enquiry No.63/2019.

3. In pursuance to the order P.S.-Heera Nagar, District-Indore

registered a crime no.123/2025 under section 306 of the IPC on 21.03.2025

at P.S.- Heera Nagar, District-Indore (Urban) against the revision petitioner.

After investigation, final report was submitted.

4. On the basis of material collected in the investigation, the aforesaid

charges has been framed which has been assailed on the ground that the

allegations against the revision petitioner is that he used to harassed the

deceased by throwing garbage in front of his house and due to this

harassment he committed suicide and this allegation through its face value is

not sufficient to frame the charges under section 306 of the IPC.

5. Heard.

6. Learned counsel for the respondent opposed the criminal revision.

Signature Not Verified

Signed by: AJIT

KAMALASANAN

Signing time: 22-12-2025

20:07:41

NEUTRAL CITATION NO. 2025:MPHC-IND:37704

3 CRR-5369-2025

7. Counsel appearing for the victim opposed the revision petition by

referring to para-18 and 19 of Praveen Pradhan Vs. State of Uttaranchal

(2012) 9 SCC 734.

8. Perused the record.

9. Before proceeding further the principles initiated in Praveen

Pradhan (Supra) is being reproduced below:-

"18. In fact, from the above discussion it is

apparent that instigation has to be gathered

from the circumstances of a particular case.

No straightjacket formula can be laid down to

find out as to whether in a particular case

there has been instigation which force the

person to commit suicide. In a particular

case, there may not be direct evidence in

regard to instigation which may have direct

nexus to suicide. Therefore, in such a case, an

inference has to be drawn from the

circumstances and it is to be determined

whether circumstances had been such which

in fact had created the situation that a person

felt totally frustrated and committed suicide.

More so, while deali