Allahabad High Court
Sohan Lal And 5 Others vs State Of U.P. And 3 Others on 3 August, 2022
Bench: Ashwani Kumar Mishra, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 10128 of 2022
Petitioner :- Sohan Lal And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Jata Shankar Pandey
Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajendra Kumar-IV,J.
This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No.277 of 2022, under Section 306 IPC, Police Station Kotwali Nagar, District Mahoba, on the ground that there is no material provocation available on record to implicate the petitioners in an offence for abetment of suicide. Reliance is placed upon a judgment of the Supreme Court in Arnab Manoranjan Goswami Vs. The State of Maharashtra & Ors, 2020 SCC Online SC 964, in order to submit that in absence of ingredients suggesting abetment of suicide the accused cannot be implicated in an offence under Section 306 IPC. Reliance is also placed upon a judgment of learned Single Judge in Application U/s No. 19450 of 2010 (Anand Singh And Others Vs. State of U.P. and Others), decided on 10.3.2021.
The petition is strongly opposed by Sri Arunendra Singh, learned AGA for the State, who submits that there exists a suicide note, which clearly implicates the present petitioners, and therefore the FIR itself is not liable to be quashed.
We have perused the First Information Report, which refers to the fact that a Case Crime No.192 of 2022 was lodged under Section 419, 420, 467, 468 IPC against the Directors of the company by the deceased, who had secured the deposit of farmers in the company, which was not returned by the company. The deceased in his suicide note has clearly stated that he was being pressurized by the farmers for refund of the amount and the Directors of the company in collusion with the investigating authority were forcing the deceased to enter into a settlement. From the suicide note it is sought to be contended by learned AGA that on account of acts of harassment meted out by the Directors of the company, the deceased was left with no option but to commit suicide, as funds of the farmers were not being returned by the company. Deposit in favour of the company was secured by the deceased as the agent of the company. In such circumstances, prima facie allegations with regard to commissioning of offence under Section 306 IPC is made out. We are not required to return a definite finding on these aspects, as the matter is still under investigation. The argument that there are no specific allegations of harassment by the Directors or incitement or provocation is also not liable to be entertained, in the facts of the case, where it is clearly discernible that the ultimate responsibility of default on part of the company was being fastened upon the deceased, which compelled him to commit suicide.
Leaving all factual issues open to be determined at the stage of investigation, the prayer made to quash the FIR is declined and the writ petition, accordingly, is dismissed.
Dismissal of this writ petition, however, will not preclude the petitioner from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law.
Order Date :- 3.8.2022
Anil
