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2023 DIGILAW 184 (CHH)

Rajkumar Verma S/o Mulchand Verma v. State of Chhattisgarh Through Station House Officer, Police Station Darri

2023-04-11

PARTH PRATEEM SAHU

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ORDER : 1. Petitioner has filed this petition invoking inherent jurisdiction of this Court under Section 482 of Cr.P.C. seeking quashment of charge sheet bearing No.178 of 2020 submitted by the Police Station Darri, Korba alleging commission of offence under Section 306 of IPC. 2. Facts relevant for disposal of this writ petition are that Dwarika Prasad Patel, son of Late Komal Prasad Patel, lodged a report in the Police Station- Darri, Korba intimating death of his father on 20.12.1999 stating that in the intervening night of 19.12.2019 and 20.12.2019, he found his father missing from room. He made search of his father at nearby places and in the morning at about 8:30 AM, he found his father hanging in tree near Rakhar Dam Nadiya-khar. It was further stated that his mother was contesting election of councilor from Ward No.55 and on 19.12.2019 after canvassing of election, all the family members came to their house in the evening. After taking dinner, they went into their room to sleep. In the night, his father was found missing. Based on the report, morgue was registered and during morgue inquiry, police seized one suicidal note from pocket of shirt of deceased. The statements of the witnesses were also recorded and after collecting material, First Information Report was registered on 06.09.2020 against the petitioner for offence under Section 306 of IPC. After completion of investigation, police submitted charge sheet bearing No.178 of 2020 on 19.10.2020 before the jurisdictional Magistrate. 3. Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the crime. There was no circumstance to constitute an offence under Section 306 of IPC emerging from material collected by the Police and part of charge sheet. There is no nexus between the finding of suicidal note with the petitioner. Prima facie there is no material in the charge sheet to connect the petitioner with the death of late Komal Prasad. From the material available in the charge sheet, intention to abet the deceased for committing suicide would not be made out even if the whole prosecution case is taken on its face value. Petitioner never harassed and treated the deceased in relation to withdrawing of candidature of his wife from contesting election of councilor. From the material available in the charge sheet, intention to abet the deceased for committing suicide would not be made out even if the whole prosecution case is taken on its face value. Petitioner never harassed and treated the deceased in relation to withdrawing of candidature of his wife from contesting election of councilor. There is no sufficient material to proceed against the petitioner and continuance of criminal proceedings against the petitioner pending before learned trial Court will be an abuse of process of law. It is contended that according to the decision of Hon’ble Supreme Court and the High Court, for implicating the accused for commission of offence under Section 306 of IPC, the accused ought to have the knowledge that his action could result in abetment to commit suicide and it is missing and, therefore, there is no direct nexus to connect the petitioner with the aforementioned crime. He places reliance upon one of the order passed in Criminal Revision No.136 of 2014 (Amit Gandhi Vs. State of Chhattisgarh) in support of his contention. 4. Learned counsel for respondent/State opposing the submission of learned counsel for the appellant would submit that though the incident is dated 20.12.2019, immediately morgue was intimated and after collecting material during morgue inquiry, First Information Report was lodged and, therefore, it cannot be said that FIR was lodged with some delay. The Police, during the course of morgue inquiry, collected suicidal note from pocket of the deceased on spot which was sent for its examination to Handwriting Expert and the Handwriting Expert found the handwriting in the other documents sent along with questioned documents to be of one and the same person. There are allegation of witnesses that due to election dispute, petitioner who is husband of one of the candidate contesting the election of councilor, harassed the deceased which is clearly mentioned in suicidal note, hence, there are ample material against the petitioner to proceed against him in criminal case. He read over the contents of suicidal note. 5. I have heard learned counsel for the parties and perused the documents annexed along with this petition. 6. During course of morgue inquiry, police seized suicidal note from pocket of the deceased on spot. In the suicidal note, there is allegation against the petitioner that he tortured the deceased due to which he committed suicide. 5. I have heard learned counsel for the parties and perused the documents annexed along with this petition. 6. During course of morgue inquiry, police seized suicidal note from pocket of the deceased on spot. In the suicidal note, there is allegation against the petitioner that he tortured the deceased due to which he committed suicide. Suicidal note was sent to State Examiner and the report of the State Examiner is dated 09.06.2020 opining that the person who wrote the red enclosed writings marked from N-1 to N-11 also wrote the red enclosed writing marked as Ex.Q-1. Statement of witnesses were recorded under Section 161 of Cr.P.C. wherein there is allegation that the petitioner harassed the deceased due to which he committed suicide by hanging. 7. The case is pending before the Second Additional Sessions Judge, Katghora, District-Korba and was fixed for hearing of arguments before charge on 21.01.2021. As of now, more than two months have already elapsed. Charges have been framed as informed by learned counsel for the parties and case is fixed for recording evidence of prosecution witnesses. Hon’ble Supreme Court in the case of Mahendra K.C. Vs. State of Karnataka & Anr. (2022) 2 SCC 129 has held that while exercising the powers under Section 482 of Cr.P.C., the Court does not function as a Court of appeal or revision. Inherent jurisdiction under Section 482 of Cr.P.C. though wide has to be exercised sparingly, carefully and with caution. High Court under Section 482 of Cr.P.C. normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy. Hon’ble Supreme Court considering the order of High Court wherein all criminal proceedings were quashed, has observed thus: “32. The Single Judge has termed a person who decided to commit suicide a ‘weakling’ and has also made observations on how the behavior of the deceased before he committed suicide was not that of a person who is depressed and suffering from mental health issues. Behavioural scientists have initiated the discourse on the heterogeneity of every individual and have challenged the traditional notion of ‘all humans behave alike’. Individual personality differences manifest as a variation in the behavior of people. Behavioural scientists have initiated the discourse on the heterogeneity of every individual and have challenged the traditional notion of ‘all humans behave alike’. Individual personality differences manifest as a variation in the behavior of people. Therefore, how an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions. Thus, the observations describing the manner in which a depressed person ought to have behaved deeply diminishes the gravity of mental health issues. 33. The High Court by its order has prevented the completion of the investigation in the complaint registered as Crime No.565/2016 pending on the file of the IInd Additional Civil Judge (Junior Division) and JMFC Court, Maddur, Mandya District. The alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account of the role of the accused in the events which led to the deceased committing suicide. These are matters of investigation and possibly trial. The High Court stalled the investigation by granting an interim order of stay. If the investigation had been allowed to proceed, there would have been a revelation of material facts which would aid in the trial, for the alleged offence against the second respondent.” 8. In the case of Narayan Malhari Thorat vs. Vinayak Deorao Bhagat and another reported in (2019) 13 SCC 598 , Hon'ble Supreme Court has held thus: 12. ...In the light of these facts, coupled with the fact that the suicide note made definite allegation against first respondent, the High Court was not justified in entering into question whether the first respondent had the requisite intention to aid or instigate or abet the commission of suicide. ...” 9. Present is not a case that there is no material against the petitioner and the proceedings in the criminal case would be abuse of process of law, more so when police collected suicide note from pocket of the deceased alleging that the petitioner tortured him. 10. Order passed in Criminal Revision No.136 of 2014 relied upon by learned counsel for the petitioner is on different facts. 10. Order passed in Criminal Revision No.136 of 2014 relied upon by learned counsel for the petitioner is on different facts. Learned Single Judge in the said case in para-19 recorded that deceased did not lodge report against the applicants therein who allegedly tortured him to re-pay loan amount/ interest on the loan amount and further that threatening given was of December 2011 and the date of committing suicide was long time thereafter and there was sufficient time to come out the terms with the threatening given by the applicant therein. 11. Considering the entirely of the facts and circumstances of the case, I do not find any merit in this petition and it is accordingly dismissed.