Banala Laxmi Narayana vs The State Of Telangana
2024 Latest Caselaw 2200 Tel

Citation : 2024 Latest Caselaw 2200 Tel
Judgement Date : 12 June, 2024

Telangana High Court

Banala Laxmi Narayana vs The State Of Telangana on 12 June, 2024

        THE HONOURABLE SMT JUSTICE K. SUJANA
            CRIMINAL PETITION No.1621 OF 2024

ORDER:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash

the proceedings against the petitioner/accused No.1 in FIR.No.5

of 2024 pending before the Neradigonda Police Station, Adilabad

District, registered for the offences punishable under Sections

306 read with Section 34 of the Indian Penal Code, 1860 (for

short 'the IPC').

2. The brief facts of the case are that the respondent

No.2/de facto complainant lodged a complaint before the

Neradigonda Police Station stating that her husband had land

disputes with petitioner/accused No.1 and other accused and in

view of the said disputes, the accused persons used to interrupt

her husband from working in the fields. Thereafter, on

17.01.2024 when the husband of respondent No.2 reached his

fields to put water to the crops, being disturbed, disgusted and

scared of the torture poured in by the accused persons, he

committed suicide by consuming pesticide poison and wrote the

names of accused persons in a slip.

SKS,J Crl.P.No.1621 OF 2024

3. On receipt of said complaint, the Police investigated the

matter and charged the petitioner arraying him as accused No.1

for the offences punishable under Sections 306 read with

Section 34 of IPC. Aggrieved thereby, this Criminal Petition is

filed.

4. Heard Sri MVR Rikesh, learned counsel for

petitioner/accused No.1, Sri S.Ganesh, learned Assistant Public

Prosecutor, appearing for respondent No.1 - State, and

Sri Ramakrishaiah, learned counsel for respondent No.2.

5. Learned counsel for petitioner submitted that Section 306

of IPC does not attract in the present case. He asserted that

except the alleged writing of names in a slip before committing

suicide, no other material is placed on record to prove that the

petitioner has caused any harm to the deceased or is in any way

responsible for the suicide committed by the deceased or has

instigated him in any manner. He reiterated that the complaint

averments do not attract the ingredients under Section 107 of

IPC. Therefore, prayed this Court to allow the Criminal Petition

by quashing the proceedings against the petitioner.

SKS,J Crl.P.No.1621 OF 2024

6. Per contra, the learned Assistant Public Prosecutor, and

the learned counsel appearing for respondent NO.2/de facto

complainant, respectively, submitted that the petitioner/accused

No.1 threatened the deceased and interrupted him several times

to enter his own agricultural fields. The learned Assistant Public

Prosecutor asserted that as per the complaint averments, the

petitioner/accused No.1 used filthy language and tortured him

due to which the deceased committed suicide. Therefore, while

lamenting that the allegation against the petitioner/accused

No.1 being serious in nature, prayed this Court to dismiss the

petition.

7. Having regard to the rival submissions made and on going

through the material placed on record, it is noted that the

primary allegation levelled against the petitioner/accused No.1 is

that due to his torture, abuse and harassment with regard to the

land dispute, the husband of the respondent No.2 committed

suicide while writing the names of petitioner/accused No.1 and

other accused persons in a slip of paper.

8. At this juncture, it is imperative to note that to quash the

proceedings under Section 482 of Cr.P.C., the Court has to see

SKS,J Crl.P.No.1621 OF 2024

whether the averments in the complaint would prima facie show

that the offence as alleged by the Police constitutes.

9. As per the judgment of the Hon'ble Supreme Court in the

State of Madhya Pradesh vs. Surendra Kori 1, paragraph No.14

reads as under:

"The High Court in exercise of its powers under

Section 482 Cr.P.C. does not function as a Court of

appeal or revision. This Court has, in several

judgments, held that the inherent jurisdiction

under Section 482 Cr.P.C., though wide, has to be

used sparingly, carefully and with caution. The

High Court, under Section 482 Cr.P.C., should

normally refrain from giving a prima facie decision

in a case where the entire facts are incomplete and

hazy, more so when the evidence has not been

collected and produced before the Court and the

issues involved, whether factual or legal, are of

wide magnitude and cannot be seen in their true

perspective without sufficient material."

(2012) 10 SCC 155

SKS,J Crl.P.No.1621 OF 2024

10. Section 306 of the IPC reads as under:

"306. Abetment of suicide:- If any person commits

suicide, whoever abets the commission of such

suicide, shall be punished with imprisonment of

either description for a term which may extend to

ten years, and shall also be liable to fine."

11. To prove the offence under Section 306 of IPC, the

prosecution has to prove that the deceased committed suicide

due to the abetment of the petitioner/accused. Section 107 of

IPC defines abetment to mean that a person abets the doing of a

thing, if he/she, firstly, instigates any person to do that thing;

secondly, engages with one or more other person(s) in any

conspiracy for the doing of that thing; thirdly, by an act or illegal

omission, the doing of that thing.

12. Reverting back to the facts of the present case, it is noted

that allegedly the petitioner/accused No.1 has threatened,

harassed, disturbed and obstructed the husband of respondent

No.2 and due to the said unbearable harassment, the deceased