Judgment:
Cr.R.No.2119/11 03.08.2012 Shri Sankalp Kochar,Adv.for applicants.
Shri Akshya Namdeo, Panel Lawyer, for respondent/State.
This petition has already been admitted on 17.7.2012.
Heard on I.A.No.15473/12 an application for stay further proceedings pending in S.T.No.28/2010 before Additional Sessions Judge Begamganj district Raisen.
The allegation against the applicants is that they used filthy language and tried to beat deceased Raju Singh on 22.10.2009 and afterwards in the night he committed suicide at 10 p.m.Learned counsel for the applicants submits that no ingredients of section 107 or S.
306 IPC is made out against the applicants as there is no instigation or abetment in the terms of Sec.
107 of IPC is available and trial is going on.
He also placed reliance on Babi @ Jitendra and others v.
State of Madhya Pradesh 2008(2) MPHT 16 and M.
Mohan v.
State Represented by the Deputy Superintendent of Police (2011).SCC 62.and Gangula Mohan Reddy v.
State of Andrapradeh (2010).SCC 750.
Looking to the facts and circumstances of the case I.A.No.15473/12 is allowed and it is directed that proceedings pending in S.T.No.28/2010 before Additional Sessions Judge Begamganj district Raisen shall remain stayed against the applicants till next date of hearing.
List for final hearing in the week commencing 3.9.2012.
Certified copy as per rules.
(M.A.SIDDIQUI) JUDGE Ag/