MALLAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. is filed by the petitioner - accused praying to quash the order dtd. 23/11/2022 taking cognizance and issue of process passed in Criminal Case No.1701/2022 (arising out of Raichur Railway Police Station in Crime No.11/2022) by the Civil Judge and JMFC, Yadgiri, for the offence punishable under Sec. 306 of IPC.

(2.) The case of the prosecution is that, the respondent No.2 - de-facto complainant is the wife of deceased - Sanganabasayya, who was working as English Teacher in Lingere Konppa R. Nadagouda Foundation High School, at Yadgiri. The petitioner - accused is working as Head Mistress in the said High School, and instigate the Management of the school to issue memos to the deceased calling upon him to give explanation for dereliction of duties, and also fixing the responsibility.

(3.) The learned counsel for the petitioner - accused submits that, the charge sheet material does not satisfy the essential ingredients so as to constitute the commission of offence punishable under Sec. 306 of IPC, since the essential ingredients to constitute the aforesaid offence are conspicuously absent. Hence, the cognizance taken by the learned Magistrate is without any substance. He places reliance on the decision of the Hon'ble Supreme Court in the case of Geo Varghese -vs- State of Rajasthan and another (2021 SCC OnLine SC 873).