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2007 DIGILAW 599 (CHH)

NARENDRA KUMARMISHRA v. PRAMILA JOSHI

2007-10-30

DHIRENDRA MISHRA

body2007
ORDER As per Hon'ble Shri Dhirendra Mishra, J. :- 1. The applicants, by this petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity "Code") have prayed for quashing the entire criminal proceedings pending before the learned Judicial Magistrate 1st Class, Jagdalpur in Criminal Case No. 1945/98. 2. Briefly stated facts necessary for adjudication of this petition are that respondent No.1-Smt. Pramila Joshi, widow of Late P.D. Joshi, filed a complaint under Section 306 of the Indian Penal Code (for short 'IPC') before the Chief Judicial Magistrate, Jagdalpur averring therein that her husband Late P.D. Joshi was Stenographer in the office of Additional Director, Agriculture, whereas, applicant No.1 herein was the Joint Director & In-charge Additional Director; applicant No.2 was working as Auditor in the office of Additional Director, Agriculture. Applicant No.2 herein made a false complaint against her husband to the Prime Minister, Secretary, Director (Agriculture) and Commissioner, Bastar Division as also to the applicant No.1 herein, which was filed after due enquiry, as the same was found baseless and false by the Vigilance Commissioner on 29.5.1997. Her husband was honorable and reputed person. There was no adverse entry in his confidential report. He filed an application to the Additional Director, Agriculture on 1.4.1997 and had sought permission to disclose the corruption of applicants herein, however, instead of according permission, he was harassed in various ways and thereafter he was transferred to Ambikapur contrary to the rules of the State Government. Referring to the alleged irregularities committed by the accused persons, it has been alleged in the complaint that because her husband intended to disclose these irregularities, he was harassed and thereafter transferred and because of mental torture perpetrated upon her husband by the applicants, he was compelled to take extreme step of committing suicide. The complainant made various complaints against the applicants, however, no offence was registered. Thus, the applicants are responsible for subjecting her husband to mental and physical harassment and thereby they abetted her husband to commit suicide as a result of which deceased P.D. Joshi attempted to commit suicide on 15.10.1997 by consuming poison and therefore, he was admitted in the hospital where he gave dying declaration on 15.10.1997, however, he died on 9.1.1998. 3. 3. On the complaint of respondent No.1, learned Chief Judicial Magistrate called for the report under Section 156 of the Code from the concerned police station and thereafter statement of complainant and her witnesses were recorded, summons were directed to be issued against the accused persons and the learned Judicial Magistrate 1st Class vide order dated 27.8.1999 committed the case to the learned Sessions Judge with an observation that from the evidence available on record prima facie case of Section 306 of the IPC is made out. 4. Learned Senior Advocate for the applicants argued that deceased P.D. Joshi attempted to suicide on 15.10.1997, he was hospitalized, however, he was completely cured and discharged from the hospital and thereafter he died natural death on 9.1.1998. A criminal case number 402/97 under Section 309 of the IPC was registered against the deceased P.D. Joshi and charge sheet was filed on the basis of which Criminal Case No.329/97 is pending against him. There is no evidence that the deceased died unnatural death because of consuming poison. Grievance of the deceased, as mentioned in the complaint, relates to official work performed by him. If he was aggrieved by any of the action of the applicants, it was open to him to take recourse to complain to the higher officer or file appropriate petition before the Administrative Tribunal for his grievances. The police in its report submitted to the Chief Judicial Magistrate under Section 156(3) of the Code have categorically mentioned that P.D. Joshi was suffering from blood-pressure, he had consumed excessive dose of sleeping pills for which he was admitted in the hospital, however, his life was saved and he was fully cured and he died natural death on 9.1.1998 at his Village Titurgaon. It was further argued that even if the allegations present in the complaint are accepted, the same does not constitute offence punishable under Section 306 of the IPC. 5. On the other hand, learned counsel for respondent No.1 submitted that there are necessary allegations present in the complaint as also in the statement of complainant recorded under Section 200 of the Code and her witnesses recorded under Section 202 of the Code constituting the ingredients of Section 306 of the IPC. 5. On the other hand, learned counsel for respondent No.1 submitted that there are necessary allegations present in the complaint as also in the statement of complainant recorded under Section 200 of the Code and her witnesses recorded under Section 202 of the Code constituting the ingredients of Section 306 of the IPC. Deceased P.D. Joshi consumed poison because of continuous harassment and illegal treatment meted to him by the applicants, who are his superior officers, which forced him to consume poison on 15.10.1997 as a result of which he died on 9.1.1998. The deceased in his dying declaration recorded by the Executive Magistrate had made specific allegations against the applicants herein. The documents filed by the complainant establishes that deceased was continuously harassed by the applicants, which compelled him to take extreme step. He further argued that scope of interference under Section 482 of the Code is very limited and the same cannot be used to stifle the legitimate prosecution at the initial stage by quashing the criminal proceedings and the same should be exercised very sparingly with circumspection and that too in the rarest of rare cases. Reliance is placed on Mahavir Prashad Gupta and another Vs. State of National Capital Territory of Delhi and others and A.V. Mohall Rao and another Vs. M Kishan Rao and another. 6. I have heard learned counsel for the parties. 7. The substance of the allegations present in the complaint as also in the statement of witnesses has been produced herein before and from perusal of the same it appears that the husband of the complainant namely P.D. Joshi was working as Stenographer under applicant No.1, who was transferred to Ambikapur, and he was not happy with the said transfer, as he suspected that the transfer was in fact effected because he could disclose the misdeeds of the applicants before his superior officers and thereby expose them and he had been representing against his transfer. It also appears that on 15.10.1997 he consumed some medicine in the excessive dose as a result of which his condition became precarious, he was admitted in the hospital where his dying declaration was recorded wherein he admitted the attempt and gave cause for the attempt the ill treatment meted to him by the applicants. It also appears that on 15.10.1997 he consumed some medicine in the excessive dose as a result of which his condition became precarious, he was admitted in the hospital where his dying declaration was recorded wherein he admitted the attempt and gave cause for the attempt the ill treatment meted to him by the applicants. However, his attempt failed and he was cured and prosecuted for the offence punishable under Section 309 of the IPC and thereafter he died on 9.1.1998 at his village. However, there is no evidence regarding the cause of death of the deceased P.D. Joshi. 8. In the matters of Mahavir Prasad Gupta and A.V Mohan Rao the Hon'ble Apex Court referring the judgments in the matter of State of Haryana Vs. Bhajanlal with approval has held that the jurisdiction under Section 482 should be exercised very sparingly with circumspection and that too in the rarest of rare cases. 9. In the matter of Sanjay Alias Sanjay Singh Sengar Vs. State of M.P. sister of the appellant was married to the deceased and because of ill treatment in her matrimonial home, she started living with her brother/appellant. The appellant advised the deceased/husband to take his sister back and treat her properly. He visited the parents of the deceased and requested them that his sister should rehabilitated in their home and should not be ill-treated or harassed and it is alleged that he threatened the parents that if they do not mend their behaviour towards his sister, he would be filing complaint under Section 498-A of the IPC. When this fact was narrated to the deceased by the mother, the deceased went to the house parents of the appellant, there some quarrel took place, he returned to his home alone and narrated about the incident and thereafter he was found dead hanging with a rope leaving a suicide note making allegation against the appellant that he is responsible for his death. The Hon'ble Apex Court on these facts held that ingredients of abetment are totally absent in the instant case for an offence under Section 306 of IPC and the charge sheet was quashed. 10. In the matter of Netai Dutta Vs. State of W.B. an employee of the company was transferred to another work site where he did not join. The Hon'ble Apex Court on these facts held that ingredients of abetment are totally absent in the instant case for an offence under Section 306 of IPC and the charge sheet was quashed. 10. In the matter of Netai Dutta Vs. State of W.B. an employee of the company was transferred to another work site where he did not join. Two years later, he sent a letter of resignation expressing his grievance against stagnancy of salary and unfortunate circumstances. His resignation was accepted by the company and thereafter his dead body was found near the railway lines. Deceased left a suicide note indicating several wrongdoings against the petitioner and also expressing dissatisfaction at the working conditions in the office and at worksites. An offence was registered against him under Section 306 with these allegations. The petition of the accused under Section 482 of the Code for quashing of criminal proceedings was rejected by the High Court, however, the Hon'ble Supreme Court allowed the appeal with an observation that an offence under Section 306 would stand only if there is abetment for the commission of crime. The parameters of "abetment' have been stated in Section 107 of the IPC. Section 107 says that a person abets the doing of a thing who instigates any person to do that thing; or engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, or the person should have intentionally aided any act or illegal omission. The Explanation to Section 107 says that any willful misrepresentation or willful concealment of a material fact which he is bound to disclose, may also come within the contours of "abetment" . 11. If we apply the above principles of law in the present sets of facts, it is manifestly clear that deceased P.D. Joshi had some genuine grievances against the applicants regarding certain orders passed by them/complaint made by them against him to the superior authorities/Vigilance Commissioner. 11. If we apply the above principles of law in the present sets of facts, it is manifestly clear that deceased P.D. Joshi had some genuine grievances against the applicants regarding certain orders passed by them/complaint made by them against him to the superior authorities/Vigilance Commissioner. From the allegation of the complaint it is also clear that deceased had also made certain complaints against the applicants before their superiors and in these circumstances he was transferred to Ambikapur allegedly contrary to the rules applicable to his service condition and because of these happenings the deceased consumed excessive dose of medicine out of frustration, therefore, he was required to be admitted in the hospital where his dying declaration was recorded wherein he narrated the circumstances under which he was required to take extreme step. However, fortunately he recovered and was discharged from the hospital and thereafter, he died in his village on 9.1.1998, though there is no evidence regarding the cause of death whether deceased died natural death or his death was in any way related to his suicide attempt made on 15.10.1997. However, even if the allegations present in the complaint are accepted and it is held that he died as a consequence of poison consumed by him on 15.10.1997, in that case also the allegations present in the complaint and documents enclosed with the complaint does not constitute offence of abetment to commit suicide. 12. The judgments referred to by learned counsel for respondent No.1 deals with the scope of interference under Section 482 and both the above cited judgments i.e. Mahavir Prasad Gupta and A.V Mohan Rao have referred the judgment of State of Haryana Vs. Bhajanlal with approval and in Para 102 of Bhajanlal's case categories of cases has been mentioned by way of illustrations where power under Section 482 could be exercised for quashing the criminal proceedings. It has been held that where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. The prosecution may be quashed in the exercise of jurisdiction under Section 482 of the Code. 13. The prosecution may be quashed in the exercise of jurisdiction under Section 482 of the Code. 13. On the basis of aforesaid analysis, I am of the considered opinion that the present is a fit case where continuance of criminal proceedings against the applicants herein would amount to abuse of process of court and the same deserves to be quashed, as the allegations present in the complaint do not in any way make out the offence of abetment to commit suicide punishable under Section 306 of IPC against the applicants and there is absolutely no ground to proceed against the applicants herein. 14. In the result, the petition is allowed and the criminal proceeding pending against the applicants before the learned Judicial Magistrate 1st Class, Jagdalpur in Criminal Case No. 1945/98, which has since subsequently committed to the Court of Sessions Judge and the same is pending before 2nd Additional Sessions Judge, Bastar at Jagdalpur, is hereby quashed. Petition Allowed.