BRASHIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.T.No.6435/2014 on the file of the Judicial First Class Magistrate Court, Chavakkad seeks to quash Annexure-A2 final report in Crime No.2093/2014 of Vadanappally Police Station registered under Section 309 of the Indian Penal Code, 1860 on the allegation that continuance of the proceedings before the court below amounts to abuse of the process of the court.

(2.) The petitioner is a young woman. The prosecution allegation is that on 05.11.2014 at 2.30 pm, she attempted to commit suicide by cutting her left forearm with a shaving blade in her residential house situated within the local limits of Vadanappally Police Station.

(3.) The contention raised by the learned counsel for the petitioner is that, even if the entire allegations in Annexure-A2, Final Report are accepted as true also, they are not sufficient to make out an offence under Section 309 of the Indian Penal Code, 1860. It is contended that there is no direct evidence to establish that the petitioner made attempt to commit suicide. It is also submitted that the Investigating Officer made a hasty conclusion without proper investigation and the wound certificate obtained from the doctor was not properly appreciated.