A VENKAT REDDY Vs. UKANTI JANARDHAN REDDY

JUDGEMENT

(1.) This is an application to quash the proceedings in S.C.No. 633 of 2002 on the file of the Court of Assistant Sessions Judge, Karimnagar.

(2.) Alleging that the petitioners abetted the suicide of U. Madhukar Reddy (the deceased), Choppadandi Police registered a case in Cr.No. 75 of 2001, and after investigation laid a charge-sheet for an offence under Section 306 IPC against the petitioners, which was taken on file as PRC No. 95 of 2001 by the learned Additional Judicial Magistrate of First Class, Karimnagar. Before the case was committed to Sessions, petitioners filed Crl.P.No. 3413 of 2002 before this Court to quash the proceedings, relying on a decision reported in V. Shankaraiah v. State o/AP. At the time of hearingof the said petitionsince the learned Additional Public Prosecutor brought to my notice that the case was already committed to Sessions, by my order dated 19-9-2002 in CrLP.No. 3413 of 20021 directed the learned Assistant Sessions Judge to pass appropriate orders, after going through the record, as expeditiously as possible. Basing on the orders passed by me in Crl.P.No. 3413 of 2002, petitioners filed Crl.M.P.No. 108 of 2002 seeking discharge. On the said petition, the learned Assistant Sessions Judge passed the following order:

(3.) The contention of the learned counsel for the petitioners is that since the material on record does not disclose the necessary ingredients to show that the deceased committed suicide due to the "instigation" of or "abetment" made by the petitioners, petitioners are entitled to be discharged. He placed strong reliance on the observations made by me in the order in CrlP.No. 3413 of 2002 and also the decision rendered by me in V. Shankaraiah's case (1 supra). He also relied on a decision of a Division Bench of this Court reported mPallem Denial Victor @ Victor Hunter and others v. State ofA.P., where it is held that to attract the offence under Section 306 IPC, intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary.