MANOJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) DURING the course of arguments Shri Singhal filed copy of the FIR and typed copy of the impugned order which are taken on record. Heard finally at motion stage.

(2.) THIS petition is for impugning the order dated 22nd August, 2005, passed by Judicial Magistrate First Class, Ashok Nagar, in Criminal Case No. 1107/05 whereby the learned Magistrate has taken cognizance against the petitioners for the offence punishable under section 306/34 of IPC.

(3.) ON 17th August, 2005, complainant Dinesh filed objection against the F.R. That objection and the final report both were considered by the learned Magistrate on 22nd August, 2005. It has been observed by the learned Magistrate that with regard to a dispute arose between petitioner Manoj Shrivstava and Ramu Shrivastava, all the petitioners were threatening his nephew Arvind Sharma, the son of the complainant Dinesh. On 13th December, 2004, again the petitioners threaten Arvind Sharma on which he was very much annoyed. He came at home, took his meals and slept in his room. In the morning, he was found hanging at the roof of the room. Thus, he committed suicide on account of threaten given by the petitioners. On these facts, the learned Judge rejected the F.R., allowed the objection of the complainant Dinesh and took cognizance against the petitioners as aforesaid vide impugned order. Feeling aggrieved with the impugned order, this petition has been preferred by the petitioners.