(1.) The petitioners herein are the Accused Nos.1 and 2 in P.R.C.No.31 of 2012 pending on the file of the I Additional District Judge-cum-Chief Judicial Magistrate, Tirunelveli. Now, this petition is filed to quash the abovesaid proceedings.
(2.) The first contention raised by the learned counsel for the petitioners is that the first respondent police laid a charge sheet for the offences under Section 306 r/w 511 IPC, for the commission of offence under Section 306 IPC, the process of suicide has been completed by the individual. Only after completing the process of suicide, the question of abetment has to be come into force, but factually in this case, a person, who is attempted to commit suicide was luckily saved and not went to the extent of death. But, the Police Officers filed the charge sheet for the offence under Section 306 r/w. 511 IPC. Therefore, when the offence under Section 306 IPC is not made out, the question of attempt made by the petitioners does not arise. Hence, the charges levelled against the petitioners by the first respondent police is liable to be quashed.
(3.) On the other hand, the learned Additional Public Prosecutor appearing for the first respondent submitted that even though the offence mentioned by the first respondent police is not made out, the other offences provided in the Indian Penal Code is made out and therefore, the prayer sought by the petitioners is not at all maintainable and accordingly, he prays for dismissal of the Criminal Original Petition.