NAVEED RAZA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner banged his head inside the lockup after he was arrested for an offence. The aforesaid conduct has resulted, in another prosecution alleging an attempt to commit suicide. Two questions have been raised for resolution (i) whether banging the head on a wall could be regarded as an attempt to commit suicide, and (ii) whether the offence under Sec. 309 IPC will be attracted from the nature of allegations in the final report, after the coming into force of the Mental Healthcare Act, 2017.

(2.) Petitioner was arrested on 4/4/2019 in connection with Crime No.464/2019 of Kattakkada Police Station. While he was lodged in the police lockup, it was observed that petitioner repeatedly banged his head on the walls on account of mental distress in an attempt to commit suicide. The said conduct resulted in another FIR being registered as Crime No.466/2019 of Kattakada Police Station under Sec. 309 IPC. After completing the investigation, the final report was filed which was taken cognizance as C.C.No.623/2019 on the files of Judicial First Class Magistrate's Court, Kattakada. The aforesaid proceedings are sought to be quashed in this petition under Sec. 482 Cr.P.C.

(3.) Sri. B.H.Mansoor, the learned Counsel appearing for the petitioner contended that the uncontroverted allegations in the final report do not make out the offence under Sec. 309 IPC in view of Sec. 115 of the Mental Healthcare Act, 2019 (for short 'MH Act') and further that mere banging of head on the wall cannot amount to an attempt to commit suicide.