AYYASAMY Vs. STATE

JUDGEMENT

(1.) This petition is filed for quashing S.C. No. 7/2016 on the file of the II Additional Sessions Court, Erode.

(2.) Learned counsel for the petitioner submits that one Raja, who was working under the petitioner's power loom, requested him to give some amount and that the petitioner had given him Rs. 28,000/ -. But thereafter, the said Raja did not come for job. However, Raja worked in the power loom of one Palanisamy. Since the said Raja has neither come for job nor returned the money, the petitioner went to Palanisamy's power loom and asked Raja to return back his money or come for work. At that time, it is alleged that the petitioner abused the deceased Raja using filthy language and made criminal intimidation. Therefore, on 09.07.2014, Raja committed suicide by hanging in his house. On the basis of the complaint lodged by the wife of the deceased Raja, a case in Crime No. 377/2014 has been registered against the petitioner for an offence under Sec. 306 IPC. It is further submitted that after investigation, a charge sheet has been filed and the same was taken in P.R.C. No. 8/15 and then it was committed to the Sessions Court and taken on file in S.C. No. 7 of 2016 on the file of the learned II Additional Sessions Judge, Erode. He further submitted that the contents of the F.I.R. and 161 statement of the defacto complainant are not constituted the offence under Sec. 306 IPC. Furthermore, ingredients of Sec. 106 IPC, which deals with abatement, have not been made out against the petitioner. Hence it is a fit case to quash the proceedings and no purpose will be served if the case will be tried. To substantiate his arguments, he relied upon the decision in (M. Mohan v/s. State represented by the Deputy Superintendent of Police) reported in : (2011) 3 SCC. Thus, he prays for quashing the proceedings.

(3.) At the time of admission, argument of the learned counsel for the petitioner is heard in length.