(1.) THIS petition is filed under Section 482 of Cr.P.C. seeking to quash the order passed by the JMFC Sedam dated 1.8.2013 on his file C.C. No. 185/2008 whereby he allowed the application filed by the prosecution under Section 323 of Cr.P.C. and committed the case to the Sessions Court for trial. Though the matter was listed for admission, by consent of both parties it is taken up for final disposal.
(2.) THE fact in brief is:
(3.) SRI Sudheer Kulkarni, learned counsel for the petitioner submits "there is no material either in the charge sheet papers or in the evidence of PWs. 1 and 2 that the petitioner provoked or instigated the deceased to commit the suicide. The generalised allegation that the petitioner told that he will go and lodge the complaint against the deceased cannot be said to have goaded or urged forward the deceased to commit suicide. In the absence of any element of abatement or rustication leading to abatement to commit suicide, no case under Section 306 of IPC is made out. The impugned order committing the case to Sessions Court for trial is erroneous and liable to be quashed".