SIMI C. N. Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C. No. 1783/2020 before the Judicial First Class Magistrate's Court - III, Thrissur has moved this Court under Sec. 482 of the Code of Criminal Procedure seeking to quash the proceedings which arose from the final report in Crime No. 1539/2020 of Ollur police station. That crime was registered on 11/8/2020, on the first information given by Mini Unnikrishnan, president of Puthur Grama Panchayat alleging offence under Sec. 309 of the Indian Penal Code. It is alleged that on 10/8/2020 at 1.30 P.M., when the defacto complainant and others had demanded issue of certificates to applicants in connection with the Life Mission Scheme through manual mode, the petitioner who is the Village Officer of Puthur village insisted that she will issue certificates manually only on getting instruction from the official hierarchy, which led to altercation in the village office; out of the mental turmoil, the petitioner attempted to commit suicide by cutting her veins on the left hand and thus committed the above stated offence. The petitioner submits that on 10/8/2020, the defacto complainant, president of the panchayat and her aids from the panchayat and other persons from the ruling party came to the village office, wrongfully restrained and confined her; they had formed an unlawful assembly and in prosecution of their common object, obstructed the normal course of work in the office, gheraoed her, showing off the political influence and prowess on the confidence that they belong to the ruling party. They wanted the petitioner to issue income certificates to some of the men of the defacto complainant and her aids in manual mode whereas the official directions and standing instructions insisted that such certificates shall be issued only online mode since the applications were filed online. Then she insisted that she will be able to issue certificates in manual mode only if specific directions are issued by the Tahsildar or the District Collector. There were about 185 applications received online from 3/8/2020 onwards. For a few days, network was not available. But the president of the panchayat and her supporters wanted her to issue the certificates that day itself which was not possible. Then the Sub Inspector of police also reached there, who spoke to the Tahsildar. The president and her aids started pestering, abusing, harassing and rediculing her in the presence of the general public; some of the aids of the defacto complainant started to videograph the scenes in the village office. According to the petitioner, she was haunted by the defacto complainant and her men and thus, due to the utter harassment and severe mental strain, out of fear of anxiety and loss of balance of mind for a moment, she took out a blade and cut her veins on the left arm and was removed to hospital and was given medical aid. According to her, she indulged in such an act without any intention, out of the compulsions of the circumstances to get out of the severe mental stress, which cannot attract offence under Sec. 309 of the Indian Penal Code. According to her, by virtue of Sec. 115 of the Mental Health Care Act, 2017 also, hereinafter referred to as the Act, her act would not fall within the ambit of Sec. 309 of the IPC. Therefore, entire proceedings are sought to be quashed.

(2.) I heard the learned counsel for the petitioner as well as the learned Senior Public Prosecutor for the respondent.

(3.) According to the learned counsel for the petitioner, Sec. 115 of the Act saves criminal liability of the petitioner, an attempt to commit suicide shall be presumed, unless proved otherwise, to have done under severe stress and shall not be tried and punished under the Code. According to the learned counsel, in order to attract Sec. 115 of the Act, the person need not be mentally ill, any person under stress can get the benefit of the provision. The learned counsel also pointed out that the petitioner is a divorcee having the burden to look after her son, was rounded up and hunted like a wild animal, raising illegal demands for issuing certificates then and there by the president of the panchayat and her aids; their attempt was to take political mileage and to obtain benefits from the village office by hook or crook. Relying on the parliamentary discussion on the Mental Health Care Bill, he pointed out that the object of the Act is to de-criminalize attempt to commit suicide and to re-habilitate persons who make such attempts. According to him, this is a fit case in which entire proceedings are quashed invoking the inherent jurisdiction of this Court under Sec. 482 of the Cr.P.C.